The MDC Legal team remind employees and employers alike, that “there are strict time limits for making an unfair dismissal claim. An employee has 21 days from the date of dismissal to make a claim under the national system and 28 days under the [WA] state system.”
“Employers should implement a clear workplace policy in relation to discrimination and the standard of conduct it requires from its employees and any other persons at the workplace. However, it’s not enough to simply have a policy in place,” writes Joanna Knoth of MDC Legal.
“Employers can minimise their risk of harm to reputation and brand and risk of vicarious liability for an employee’s out of hours behaviour, by having a suitable workplace code of conduct and social media policy…,” writes Noella Silby of MDC Legal.
If your business operates within Western Australia, this MDC Legal article is a must read for you! The Western Australian Industrial Magistrates Court recently made a decision that will have a significant impact on businesses whose employees transfer between its interstate and overseas related entities, as that service will likely count towards long service leave entitlements.
“Approaching performance management in a considered way that is clearly communicated and documented… will minimise the risk of claims,” writes the MDC Legal team and MDEB Perth workshop facilitators, “and if claims are made the employer will be better placed to defend them”.
In Boguslaw Bienias v Iplex Pipelines Australia, a team leader failed to show up to work for a fortnight. During his absence, Iplex attempted to contact the employee by phone, in writing, and even arranged for the police to conduct a welfare check on him. The employee did not respond. As a result of this case’s decision, the FWC announced that it will review abandonment clauses in all modern awards.
Employers should exercise caution to avoid misrepresenting employment
Employers are entitled to monitor and regulate employees’ use of personal leave