The Latest  Legal Updates.

Bullying “at work” can happen at home to

Educating employees in HO HO HO so it doesn’t turn into OH OH NO!

Christmas decorations have been on sale in department stores for months now and soon enough it will be time for your staff Christmas party.  While they’re meant to be a fun celebration of the successful year that has been, many employers have learnt costly lessons from incidents that have taken place at their end-of-year show. […]

Employer aces unfair dismissal claim by “Tennis Tragic”

Employer aces unfair dismissal claim by “Tennis Tragic”

As summer approaches, employers can expect an influx of leave applications for various sporting and social events.  However, a recent decision highlights that employees who skip work without approval are unlikely to receive any sympathy from the Fair Work Commission (FWC). In Gluyas v Australian Western Railroad Pty Ltd [2015] FWC 6161, the Applicant applied […]

Bullying “at work” can happen at home to

Bullying in the workplace can not only lead to an ‘un-friend’ me on Facebook

Bullying in the workplace has always been a pressing issue.  The case of Roberts v VIEW Launceston & Ors [2015] FWC 6556 involved Ms Roberts filing an application pursuant to section 789FC of the Fair Work Act 2009 (the Act) for orders to stop bullying at work. Ms Roberts was employed as a real estate agent […]

Before you consider terminating an employee

Before you consider terminating an employee, read this!

We often meet with clients who are frustrated with an employee, and commonly they ask: “can’t I just performance manage him/her out of my business?”  While performance management is certainly an option for dealing with under-performing employees, it is by no means a “quick fix” and there are many legal traps employers need to be […]

Could you be personally liable under the WHS Act?

Could you be personally liable under the WHS Act?

This decision is an important one for employers insofar as it shows that the Court will take a practical, organisational view as to the definition of an officer for the purposes of the WHS Act (relevant to states where the model legislation has been adopted).  Employers should review their own structure and consider whom within […]

Bullying “at work” can happen at home to

First Anti-Bullying Decision higlights importance of workplace policies

Last week, the Fair Work Commission (FWC) published its first anti-bullying substantive decision in respect of an application by two employees to stop bullying in their workplace. The matter of C.F. [2015] FWC 5272 involved two Applicants, Ms C.F. and Ms N.W. each making an application for an order to stop bullying pursuant to section […]

Employer aces unfair dismissal claim by “Tennis Tragic”

Workplace discrimination claim: “Baby Brain” leads to $150,000 order against employee

Workplace discrimination claim was thrown out by the Federal Circuit Court of Australia and the employee was ordered to pay her employer’s Court costs, despite allegedly being called a “baby brain” by her local manager. In Yeoh v IBM Australia Limited [2015] FCCA 724, Ms Yeoh argued that her employer, IBM Australia Limited (IBM), had […]

Before you consider terminating an employee

FWC agrees: The mo’s gotta go! Workplace policy stands!

Workplace policy stands after Fair Work Commissions ruling. In Felton v BHP Billiton Pty Ltd [2015] FWC 1838, the Fair Work Commission (FWC) upheld an employer’s decision to dismiss an employee who ignored the company’s “clean-shaven policy” in order to preserve his 100mm goatee and moustache. Mr Felton worked for BHP Billiton (BHP) for 6 years […]

Could you be personally liable under the WHS Act?

Bullying and Harassment: A lesson for every Tom, D*ck and Harry!

Bullying and harassment lesson to be learnt for every Tom, D*ck and Harry. The following matter, where a highly offensive text message was accidentally sent to the boss, highlights that not all employee misbehaviour requires the process of issuing warnings. On 12 January 2014, Ms Nesbitt was required to arrange for plumbing work to be carried […]

Bullying “at work” can happen at home to

First prosecution under new WHS laws sees employer fined $10.5k

First prosecution under new WHS laws sees employer fined $10.5k. This decision highlights that the WHS Act is in full swing and that there is a good chance that a prosecution will follow where SafeWork SA determines that an employer has failed to meet its obligations under the WHS Act.  The decision also emphasises the […]

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