How To Prevent Unfair Dismissal Cases
Claims of unfair dismissal arise in many different circumstances, but all are costly and inconvenient. Catch the potential trouble before it starts. Here are some recent unfair dismissal cases and the procedures that could have avoided them. Case #1 Not Having Procedures In Place A Sydney puppy farm’s reasons for dismissing a casual kennel hand […]
Bullying Or Harassment? That Is The Question
Bullying and harassment in the workplace will always be with us. For example, in a recent report, London researcher Cecilia Harvey drew attention to the “Queen bee syndrome”, which occurs where women “use their social intelligence to manipulate relationships or damage colleagues’ reputations”. She went on to say: “Queen bees are women [who] treat colleagues […]
The Repercussions of Restaurant Underpayments of Wages
Recent cases of restaurant underpayments have drawn significant media attention. One such case is the alleged denial of employee wages by high-end restaurant chain Rockpool. The restaurant has been accused of tampering with pay and time-sheet software to make employees, some of whom worked up to 100 hours a week, appear to have only worked […]
Mandatory policy requirements under whistleblower laws
Whistleblower protections in the corporate sector have been bolstered by amendments designed to encourage the disclosure of corruption, fraud, tax evasion, and misconduct. Most notably for industrial relations practitioners, the amendments introduced mandatory requirements for larger companies to implement an appropriate whistleblowing policy by January 2020. These changes were designed with the idea of seeing […]
Reviewing Workplace Policies and Procedures
It’s good practice to keep your workplace policies and procedures up to date, as legal requirements and your business change over time. Questions to consider: 1. When was the policy or procedure last reviewed and when is the next review date scheduled? The review may also be because of a workplace incident or problem: don’t […]
Managing Sexual Harassment Claims
Given the shocking prevalence of sexual harassment in the workplace, it is essential that employers are aware of how to manage sexual harassment claims. In 2022 a national survey on sexual harassment found that 41% of women and 26% of men in the Australian workforce had experienced some form of workplace sexual harassment in the […]
Discrimination, Bullying or Harassment?
The Human Rights Commission has conducted the world’s first enquiry into sexual harassment in the workplace and the adequacy of the existing legal framework, including a review of complaints made to state and territory anti-discrimination agencies. Sex Discrimination Commissioner, Kate Jenkins, has drawn attention to the fact that the laws surrounding workplace misbehaviour overlap in […]
Creating A Return To Work Program
Instituting return to work arrangements It is a requirement that each employer creates a return to work program within 12 months of becoming an employer. This program must be redeveloped every two years in consultation with employees and any relevant unions. The program needs to include the following things: a. Policies for preventing workplace injuries. […]
Managing sick leave back pay
A landmark Federal Court decision brought forward by the Australian Manufacturing Worker’s Union saw increased employee rights regarding personal leave, including sick leave back pay. The decision greatly affected both employers and employees and has paved the way for new industry standards. Australia’s National Employment Standards (NES) stipulate that employees must be entitled to a […]
The Importance of a Code of Conduct
A code of conduct sets out the social, ethical and behavioural norms of an organisation. These policies will often set out the expected tone and culture of a workplace, with guiding principles on appropriate behaviour that can range from how an employee is expected to interact with a customer, to how an employee is expected […]