Employment

It is important for an employer to know that in certain circumstances, they may be held liable for the actions of their employees. This is known as vicarious liability. What can you be liable for? Vicarious liability can arise where discrimination or harassment has occurred in the course of, or in connection with, the employee’s …
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A workplace investigation is a process of fact finding. An investigation should commence as soon as possible after you become aware of a serious conflict or allegation of misconduct in your workplace. Why? because ultimately, engaging in timely and effective workplace investigations will save your business time and money. Beneficial for your Business By dealing …
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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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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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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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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 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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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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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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