Employment

Employers have an obligation to provide a safe working environment for their employees. Under the Work Health and Safety Act 2011 (ACT) (the Act) employers have a duty of care to take all reasonably practicable steps to manage and prevent health and safety risks in their workplace. Workplace bullying and harassment is one such risk. …
Read more

Sexual harassment is covered under Division 3 Part II of the Sex Discrimination Act 1984 (‘the Act’). Section 28A of the Act defines sexual harassment very broadly, providing that a person sexually harasses another person if: a person makes an unwelcome sexual advance, an unwelcome request for sexual favours, or engages in other unwelcome conduct …
Read more

Employers should think carefully before making a decision to immediately or “summarily” dismiss an employee. For summary dismissal to be lawful, there must have been a breach by the employee of either an express or implied term of the contract of employment that is serious enough to necessitate an employer to undertake an action of …
Read more

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 …
Read more

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 …
Read more

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 …
Read more

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 …
Read more

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 …
Read more

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 …
Read more