When responding to an unfair dismissal claim or an adverse action claim involving dismissal, there are a range of jurisdictional objections available to employers depending on the circumstances. One of the most frequently utilised jurisdictional objections is that the employee lodged their application outside the 21-day statutory time limit.
When this happens, the only option available to an employee who seeks to make an application out of time is to apply to the Fair Work Commission…Continue
Added by Shane Koelmeyer on March 1, 2018 at 13:46 — No Comments
Fatigue has been identified as a workplace risk that needs to be managed like other workplace safety risks.
The SafeWork Australia Guide for Managing the Risk of Fatigue at Work (the Guide) defines fatigue as “a state of mental and/or physical exhaustion which reduces a person’s ability to perform work safely and effectively.” The Guide also identifies that some of the factors which may contribute to and increase the risk of fatigue include work…Continue
Added by Shane Koelmeyer on March 1, 2018 at 11:45 — No Comments
In a proactive attempt to combat the issue of workplace sexual harassment, Facebook and Google have implemented new policies on dating in the workplace. This new approach adopts a “one strike and you’re out” rule, which states that employees only have one opportunity to ask a co-worker out on a date. If the co-worker rejects their offer, that employee is not allowed to ask again.
Like Facebook and Google, most employers have recognised that workplaces are often environments in which…Continue
Added by Shane Koelmeyer on February 23, 2018 at 15:00 — No Comments
Making a decision to restructure operations, particularly where it may result in a reduction in the number of positions, is not easy for businesses.
While it is often an unpleasant process, in some circumstances (depending on the nature of the workforce) employers may choose to call for expressions of interest for voluntary redundancies before moving to compulsory redundancies.…Continue
Added by Shane Koelmeyer on February 23, 2018 at 14:18 — No Comments
Financial misconduct committed by employees is unfortunately all too common in Australian businesses. It can range from invoice forgery to stealing from the register to abusing expense reimbursement entitlements or corporate credit cards.
Financial misconduct is, essentially, a form of theft from an employer but unlike most kinds of theft it can go undetected for long periods of time and in some cases, continue while the offender remains an employee.
This month alone, Fairfax…Continue
Added by Shane Koelmeyer on February 23, 2018 at 14:12 — No Comments
In what circumstances must employees take responsibility for their own actions leading to injuries in the workplace?
In a recent decision of the Queensland Industrial Relations Commission (OneSteel Recycling Proprietary Limited v Workers’ Compensation Regulator  QIRC 113), a self-insured employer’s decision to deny a worker’s workers compensation claim was upheld on the basis that the worker’s own serious and wilful misconduct lead to his injuries.
Added by Shane Koelmeyer on February 12, 2018 at 15:07 — No Comments
Most employers have a clear understanding of the importance of cultural “fit” to having a happy and productive workforce. Questions about “fit” usually arise during the recruitment process, but are rarely addressed in circumstances involving redundancy and redeployment.
The requirement to implement redundancies usually results from an organisational restructure where an…Continue
Added by Shane Koelmeyer on February 12, 2018 at 14:48 — No Comments
Implementing a Code of Conduct is vital to establish and maintain expected standards of behaviour in the workplace. In our previous blog “Oh Behave!: What is a workplace Code of Conduct?” we discussed the typical content of a Code of Conduct and how to utilise this Code to uphold the values of the organisation and provide a behavioural framework in the…Continue
Added by Shane Koelmeyer on February 12, 2018 at 14:00 — No Comments
Licensing schemes for labour hire operators will commence operation in both Queensland and South Australia in the first half of 2018, with the Victorian Government also introducing legislation into the State Parliament.
The licensing schemes will commence in South Australia from 1 March 2018 and from 16 April 2018 in Queensland, while the Labour Hire Licensing Bill 2017 is currently before the Victorian Parliament.
These legislative measures have been introduced to…Continue
Added by Shane Koelmeyer on February 5, 2018 at 12:57 — No Comments
There can be no doubt that the emergence of the “gig economy” has changed the way we work and is challenging our understanding of the employment relationship.
Since its launch in 2009, Uber has been at the centre of many debates about the gig economy and the characterisation of workers as either employees or independent contractors. Internationally, the status of Uber drivers has played out in several courts and tribunals, with findings on both sides of the aisle according to local…Continue
Added by Shane Koelmeyer on February 5, 2018 at 12:45 — No Comments
Across the world, issues of equality and justice have taken centre stage recently. We are experiencing a time of increased awareness about the need to redress past discrimination and prejudice towards many minority groups.
In the employment context, that impact of discrimination and prejudice is most clear when looking at the under-representation of certain groups in particular industries and positions. In response, many employers are making it a goal to rectify those imbalances…Continue
Added by Shane Koelmeyer on February 5, 2018 at 12:00 — No Comments
An employer who relied on their zero-tolerance alcohol policy when dismissing an employee who drunkenly tried to access the workplace out-of-hours has successfully defended the dismissal before the Fair Work Commission (FWC).
In Lewer v Inco Ships T/A Inco Ships Pty Ltd  FWC 6666, the FWC heard that an employee, who worked on a tanking vessel, attempted to re-enter the vessel after dinner and a few drinks so that he could sleep-off the alcohol. When he…Continue
Added by Shane Koelmeyer on January 10, 2018 at 13:24 — No Comments
Employees have an implied duty to obey their employer’s reasonable and lawful directions. Whilst employers cannot direct an employee to engage in conduct which is unlawful, the reasonableness of an employer’s direction will depend on the individual circumstances.
In Parkes v Fat Prophets Pty Ltd  FWC 6121, the Fair Work Commission (FWC) held that an employer’s “unreasonable ultimatum” to an employee that he relocate to Sydney or lose his job was a…Continue
Added by Shane Koelmeyer on January 10, 2018 at 13:13 — No Comments
In a recent decision of the Victorian County Court, a university has been ordered to pay $275,000 in damages to a security control room operator who worked on the university campus (Savage v Monash University and Programmed Maintenance Services Ltd  VCC 1774).
The control room operator was walking from her car to the security control room in steel capped boots when she stepped through a puddle onto the uneven surface below and injured her ankle. The ankle injury…Continue
Added by Shane Koelmeyer on January 10, 2018 at 12:54 — No Comments
During the recruitment process, employers want to present their best side to prospective employees in order to entice top talent to join them. Employers can potentially expose themselves to litigation for representations made or made on their behalf that are misleading and deceptive and later relied upon by prospective employees in the recruitment process.
The Australian Consumer Law (ACL) provides that it is illegal for a business to engage in conduct that…Continue
Added by Shane Koelmeyer on January 10, 2018 at 12:30 — No Comments
Ending the employment relationship can sometimes be difficult and often, those responsible for facilitating the termination are so relieved to have it all over that they don’t worry about pursuing the return of seemingly insignificant employer property, like used uniform items.
The return of uniform items at the end of employment, particularly those with company branding, can seem like quibbling over something small. However, the purpose of pursuing the return of such property is not…Continue
Added by Shane Koelmeyer on January 10, 2018 at 12:25 — No Comments
Most workplaces utilise some form of surveillance, the most obvious of which is monitoring the use of email and internet. Surveillance can also extend to the use of GPS tracking in company vehicles or the use of location services in devices, like mobile phones or tablets.
The use of GPS trackers in vehicles and devices is most common in roles where employees work away from a desk, at multiple different locations throughout the day – like couriers or delivery drivers, tradespersons or…Continue
Added by Shane Koelmeyer on December 12, 2017 at 12:00 — No Comments
It is almost undisputed that the majority of Australian workers are spending more of their time at the workplace. It is therefore unsurprising that employees and employers are becoming more concerned with the quality of the time that employees spend at work and the relationships they have with their co-workers.
As a result, there has been an increased focus by employers on establishing a positive “workplace culture” through employer-sponsored social events and team-building activities…Continue
Added by Shane Koelmeyer on December 12, 2017 at 10:56 — No Comments
There is no doubt that social media has changed workplace relations. It has impacted the employment relationship and the relationships employees have with each other.
Throughout 2017 the courts, the tribunals and employers more generally have continued to iron out the wrinkles in how they deal with social media in the workplace.
In this blog, we look back on some of the more interesting social media cases from the year that was 2017.
The employee in…Continue
Added by Shane Koelmeyer on December 12, 2017 at 10:46 — No Comments
There are two remedies available to an employee claiming unfair dismissal under the Fair Work Act 2009 (Cth) (FW Act) – reinstatement (with any required back-pay) and compensation.
Section 390 of the FW Act makes it clear that reinstatement will be the primary remedy and that the Fair Work Commission (FWC) must not make an order for compensation unless it is satisfied that reinstatement of the person is inappropriate.
Added by Shane Koelmeyer on December 12, 2017 at 10:27 — No Comments