Employment
Code of conduct investigations: Is your evidence water-tight?
In a recent decision the Fair Work Commission (‘Commission’) has reinstated former Patrick Stevedores Holdings Pty Ltd (‘Patrick’) employee, Susan Francis, after she was dismissed following a flawed investigation. Paul Nichol alleged that Ms Francis assaulted him at work. Patrick investigated Ms Francis’ conduct and found that the allegations were substantiated. Patrick dismissed Ms Francis …
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Dismissed Employees – Choose Wisely
Employees who believe that they have been wrongfully dismissed have several options and choosing the right one is important. Deciding to challenge the termination of your employment is demanding at the best of times and obtaining the right advice regarding your options is important. As well as alleviating the burdens associated with challenging the termination …
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The support person: advocate, colleague or silent witness?
We are commonly asked about boundaries when an employee brings a support person with them to a performance management, termination or redundancy meeting. The general rule is that, if the meeting will lead to a termination of employment, the employee is able to bring a support person along. It’s not a requirement; rather it’s an …
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Working with Vulnerable People in the ACT
If you are involved in an industry that works with children, working with children checks have been standard practice in most Australian jurisdictions with the exception of the ACT and Tasmania. In November 2012 the ACT finally caught up with its State and Territory counterparts and introduced legislation to make background checks compulsory for any …
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The Decision in Morrow v Tattsbet Limited
On 4 July 2014 the Federal Circuit Court handed down a useful judgement about betting agency TAB dismissing one of its operators. The decision clarifies how the courts will determine whether an independent contractor is an employee, and reveals an interesting analysis of the sorts of conduct which might be sufficient in amounting to a …
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Full Bench says dismissal unfair where Director left toddler unsupervised
The Full Bench of the Fair Work Commission overturned a decision of Commissioner Bissett where she said the termination of a child care centre Director was not unreasonable or unfair where they left a toddler unsupervised. The Full Bench found that Commissioner Bissett incorrectly interpreted the Education and Care Services National Law Act 2010 (VIC) …
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New bullying jurisdiction faces interesting challenge
The new anti-bullying jurisdiction was introduced to the Fair Work Commission on 1 January 2014. This means that employees may bring bullying complaints to the Fair Work Commission. Employers then respond, and the Commission then ‘deals’ with the complaint. This is likely to be in the form of a conference before a Commissioner, but may …
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Parental Leave for Casual Employees
For casual employees the unpredictability of their employment can be a major source of stress as often casual employees miss out on many of the entitlements that full-time and part-time employees enjoy. For many, this concern is further exacerbated when they learn that they are about to become a parent. It should therefore be of …
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