Dismissal, Behaviour, Investigations

Bullying; Harassment; Sexual harassment; Workplace investigations; Unfair dismissal

Should NDAs be restricted in sexual harassment cases?

Our workplaces need to change the culture of silence around sexual harassment. Legal experts offer their advice. In Australia the general practice for resolving disputes (other than going to court) has a standard formula: the parties negotiate terms of settlement that are acceptable to them; the terms of settlement are incorporated into an agreement; and…

Serious misconduct: a salutary reminder

We still see many clients whose disciplinary policies dealing with misconduct require sequential warnings before an employee’s employment can be terminated for misconduct, unless the conduct amounts to ‘serious misconduct’. The prescriptive nature of these policies reduces an employer’s discretion to determine a sanction which is appropriate to each individual case. The result? Employers scrambling…

Sacked for Flicking a Ball of Dough

Chapman sheds light on a case where a baker received a verbal warning regarding food and hygiene safety four months into his employment, and a month later was spotted flicking a small ball of dough at another baker. Read all about the consequences of this incident here…