Misconduct

August 31, 2023

EMPLOYMENT UPDATE
Employee’s drunken urination on co-worker not linked to employment

Employment Contracts, Misconduct, Policies and Procedures, Serious Misconduct

This Employment Update examines the High Court’s recent decision to uphold an employer’s appeal against a decision where $432,000 in damages was awarded to an employee who suffered a psychological injury after a co-worker urinated on his face while he was sleeping. This decision provides much needed clarity for employers on the issue of vicarious […]

July 5, 2023

EMPLOYMENT UPDATE
Performance management in the context of unfair dismissals

Misconduct, Performance Management, Unfair Dismissal

This Employment Update examines three cases where performance management processes were not undertaken properly, and so resulted in the employee having a successful unfair dismissal application. When will a dismissal be unfair An unfair dismissal occurs where the employee is dismissed and: the employer did not have a valid reason for the dismissal; the employee […]

November 30, 2022

ARTICLE
Christmas Party tips & traps

Misconduct, Performance Management, Policies and Procedures, Serious Misconduct

Workplace Christmas functions are a great way to reward staff and encourage connectedness, both of which are key to creating a high-performing team. However, the work Christmas party can often result in HR nightmares if handled incorrectly. We have set out a guide to ensuring your end of year celebrations remain legally uneventful: Step One: […]

October 31, 2022

EMPLOYMENT UPDATE
Reinstatement for employee following guilty verdict on criminal charges overturned

Misconduct, Serious Misconduct, Termination of Employment, Unfair Dismissal, Workplace Investigations

This month we deal with an extremely interesting decision of the Fair Work Commission where despite best practice investigation there was a ruling against the employer. Our key message is this should not detract from an employer seeking to follow best practice in allegations of serious misconduct. Sydney Trains has been ordered to reinstate an […]

April 1, 2019

EMPLOYMENT UPDATE
Dismissal Round Up & Lessons For Employers

Misconduct, Settlement Agreements, Termination of Employment, Unfair Dismissal

This month we round up some recent dismissal cases that provide valuable lessons for employers when stepping the sometimes perilous path of dismissing an employee. A dismissed employee can often be a disgruntled one, with potential to cause disharmony in the workplace even after they have left. Dismissed employees can bring various claims against former […]

September 4, 2018

EMPLOYMENT UPDATE
New domestic violence leave entitlement and valid reasons for dismissal not enough

Awards and Employee Entitlements, Misconduct, Performance Management, Unfair Dismissal Dismissal, Domestic Violence, family violence, modern awards, Unpaid leave

This month we look at the new family and domestic violence leave entitlements and some recent unfair dismissal cases which highlight that a valid reason for dismissal is not enough. New family and domestic violence leave entitlement Modern award covered employees can now take 5 days’ unpaid family and domestic violence leave each year. The […]

May 30, 2018

EMPLOYMENT UPDATE
Recent employment law decisions provide timely guidance for employers

Awards and Employee Entitlements, Misconduct, Policies and Procedures, Termination of Employment, Underpayment Claims, Unfair Dismissal, Workplace Health & Safety Dismissal, Employee Entitlements, Employer fined, Fair Work Commission, Pregnancy, Safety Breach, Social Media, Unfair Dismissal Application, Workplace Safety

This month we look at two recent decisions in the employment law space. The first decision relates to an employer’s decision to terminate an employee for breaching a cardinal safety rule. The second decision relates to the reprehensible conduct of an employer who failed to pass on an employee’s paid parental leave entitlement. Use of […]

March 19, 2018

EMPLOYMENT UPDATE
Out of hours conduct on Social Media leads to Fair Dismissal

Misconduct, Policies and Procedures, Termination of Employment, Unfair Dismissal, Workplace Investigations Facebook, Misconduct, Out of Hours Conduct, Social Media

The Fair Work Commission has upheld a company’s decision to dismiss an employee, after the employee sent a pornographic video to a number of his colleagues through the Facebook Messenger app. The employee was employed by a large container terminal operator as a stevedore. He was dismissed, with payment in lieu of notice, some 10 […]