An impartial summary of the new APSC Guidance on the Personal behaviour of APS employees on social media

The Australian Public Service Commission (APSC) has published revised guidance on the use of social media by Australian Government public servants. This comes just over a year after the High Court found that anonymous tweets can be a breach of the Australian Public Service’s Code of Conduct (Comcare v Banerji [2019] HCA 23). In that …
Read more

How should you calculate sick leave?

In a recent case Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2020] HCA 29 (Mondelez Case) the High Court settled some long-standing uncertainty about the meaning of “a day” under the Fair Work Act 2009 (Cth) (Fair Work Act). The National Employment Standards (NES), through the operation of …
Read more

Case Update: Employee compensated $200,000 after being dismissed for sharing a Hitler meme

We previously wrote about the decision of the Full Bench of the Fair Work Commission in the case of Scott Tracey v BP Refinery (Kwinana) Pty Ltd [2020] FWCFB 820.  This case involved a Western Australia BP employee, Mr Tracey, who was dismissed with payment in lieu of notice after sharing a meme video of …
Read more

Workplace Meme Culture: Satire Not Grounds for Dismissal says FWC

The internet has been an area of controversy in employment law for a number of years. Many late-night rants and political outbursts have been the subject of unfair dismissal proceedings. What we post on social media can easily be viewed by our employers. It often has a direct bearing on our employment when content is …
Read more