Bullying; Harassment; Sexual harassment; Workplace investigations; Unfair dismissal
Could we see ACC or Kiwisaver style unemployment accounts requiring mandatory contributions from employers and employees? The Government’s Productivity Commission has released its second draft report, “Employment, labour markets and income,” focusing this time on technological change and the future of work in our country’s labour markets. Now is the time to have your say…
A recent decision of the Fair Work Commission (Commission) has highlighted that a valid reason for dismissal arising from the employee’s serious misconduct could still be found ‘harsh’ and therefore ‘unfair’ if the employee did not have transferrable skills. In most circumstances, a finding of a valid reason for dismissal based on a serious misconduct…
Employment Law Folklore No. 1 From time to time an employer has an employee who fails to attend work for one or more days, with no communication or reason given. No leave has been granted. In this situation, my employer client will often ask “Can’t I just sack him/her for abandonment of employment?“. The short…
Tim McDonald from Moray & Agnew provides some key lessons for HR to minimise unfair dismissal risks.
Does an employee have to be consulted, in accordance with an applicable industrial instrument, about their impending termination? According to a recent decision1 by the Fair Work Commission (FWC), not necessarily. But what about the obligation under the industrial instrument to consult with an employee before terminating their employment? Deputy President Binet (DP Binet) said that…
Under the Regulatory Guide, it is suggested that (among other things) a compliant whistleblower policy will need to detail a number of things. Read on for more…
Termination of employment by text message found to be “unconscionably undignified”, even for small businesses
Since the enactment of the ‘adverse action’ provisions under the Fair Work Act 2009 (Cth) (FW Act) some 10 years ago, it is far more difficult for an employer to lawfully dismiss an executive or senior manager. Why? Because adverse action claims: are relatively easy to bring; can include compensation for hurt, distress and humiliation (and damages…
Full Bench quashes ruling that CCTV footage of employee’s serious misconduct was inadmissible The Full Bench of the Fair Work Commission has quashed a Commissioner’s ruling that a Krav Maga Institute’s installation of CCTV devices failed to comply with the Workplace Surveillance Act 2005 (NSW) (“WS Act”) and that the CCTV footage it had obtained had been…
Is an investigation needed? If so, what style of investigation to use? Here is a checklist of eight initial considerations when determining if an investigation is required, and if so what style of investigation to use. Determine if an investigation or similar process is required: If there has there been a specific complaint about workplace conduct…