by JFMLAW | Dec 14, 2018 | Workplace Misconduct
Attending a compulsory meeting at work can be both intimidating and challenging. As an employee, you have the right to have a support person or a representative at the meeting with you. Your employer is not obliged to offer you a support person. However, pursuant to s...
by John Morrissey | Nov 28, 2017 | Workplace Misconduct
Workplace investigations are formal processes by which employers investigate allegations of serious misconduct by their employees. Typically, they are started because of another employee or a client has made a complaint. They involve an investigator, who is often but...
by John Morrissey | Nov 22, 2017 | Workplace Misconduct
What is bullying? Workplace bullying is persistent unreasonable behaviour towards a worker or group of workers that causes a risk to health and safety. That is, it must: Be persistent, in the sense that it happens repeatedly over a period of time. Be unreasonable, in...
by JFMLAW | Apr 4, 2016 | Workplace Misconduct
In Starr v Department of Human Services [2016] FWC 1460, Vice President Hatcher provided some commentary on the circumstances in which employers are entitled to dismiss employees for conduct that they engage in outside of work hours. The facts Mr Starr was a...
by JFMLAW | Mar 17, 2016 | Workplace Misconduct
In Bartlett v Australia & New Zealand Banking Group Ltd [2016] NSWCA 30, the New South Wales Court of Appeal found that an employee had failed to prove that an employee had actually breached his employment contract prior to summarily terminating his employment....