Employment
The Importance of Performance Management in a ‘Throw-Away’ Culture Era
The importance of performance management to private employers and government departments cannot be overstated. Performance management is more than the process of evaluating and managing employees to ensure that the employer is meeting its obligations. The benefits to effectively managing employees can be wide-reaching to both employers and employees, especially when you consider the huge …
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Employment contracts: does a step back from implied terms mean that the goal posts are moving?
Trust and confidence – Barker In the 2014 case Commonwealth Bank of Australia v Barker (Barker), the High Court of Australia determined that there is no implied term of mutual trust and confidence in contracts of employment in Australia. This was considered by some as a sign that the foundations relied upon in employment contracts …
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Cleaning up a Toxic Workplace Culture
In recent years, the concept of workplace culture has come into the spotlight exposing some of Australia’s largest organisations, including the Australian Defence Force in 2013, and more recently during 2016, the Australian Federal Police (AFP). The recent independent review into the workplace culture of the AFP by former Sex Discrimination Commissioner Elizabeth Broderick has …
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Employment Contracts: Restraint of Trade Clauses
Restraint of trade clauses are often included in employment contracts, to restrain employees from certain activities which may threaten the business of the employer. Restraint of trade clauses are difficult to enforce, and may only be enforced to the extent necessary to protect the employer’s legitimate business interests. The types of actions that employers often …
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Upholding a respectful workplace
Upholding a respectful workplace: what can employers do to ensure that dismissals based on misconduct are not deemed unfair? There have been a number of recent cases relating to the termination of employees for misconduct relating to behaviours that could be considered improper, or not “politically correct”. Examples of such behaviour include: swearing and using …
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Taking the heat out of performance management
Every employer will at some point have to engage in a performance management process with staff who aren’t meeting the expected standards. As with any area of employee management, if performance management isn’t conducted effectively, an employee who does not improve may have successful grounds to challenge a termination. Many employers shy away from performance …
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Holly, tinsel and a lawsuit
It’s that time of year again – it always comes round so quickly! Your office is no doubt buzzing with plans for the Christmas party, joking and reminiscing about last year’s antics. We all enjoy a good work Christmas party. They’re an opportunity to celebrate our relationships with our colleagues and all we’ve achieved together …
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Do you have enough first aid officers?
Under the Work Health and Safety Regulations 2011 (Cth), a person conducting a business or undertaking must ensure that an adequate number of workers are trained to administer first aid at the workplace or that workers have access to an adequate number of other people who have been trained to administer first aid. Sounds simple …
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Is termination the only option?
From time to time most organisations seek to end contracts before they are due to expire. Termination is the common method and at law there are four ways to terminate a contract: Where a contract gives you an express right; Where there is a breach of an essential term; Where there is a sufficiently serious …
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Employee Sacked for Offensive Text
A recent Fair Work Commission decision has reinforced the risks associated with making derogatory comments in the workplace and the importance of employees keeping any negative perceptions of other staff to themselves. In Louise Nesbitt v Dragon Mountain Gold Limited (U2014/285), Commissioner Cloghan was satisfied Ms Nesbitt had not been unfairly dismissed within the meaning …
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