Employment

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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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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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. …
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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 …
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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 …
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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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