Within the general protections of the Fair Work Act 2009 (Cth) (FW Act), there is a protection afforded to employees who are temporarily absent from work because of an illness or injury. Specifically, section 352 of the FW Act prohibits employers from dismissing an employee within the first three months of any absence from work due to an illness or injury.
The purpose of this protection is to recognise the inevitability that an employee might require time off…Continue
Communication between the employer and employees is essential for a good working relationship. Poor communication in the disciplinary process may lead to a deficiency in the process which renders the dismissal unfair.
It is important that when conducting a disciplinary process, employers ensure that they make a proportionate and genuine attempt to communicate with the employee on their alleged conduct.
In the recent decision of Mr Roger Woods v LifeFlight Australia…Continue
It is an expected and necessary part of work health and safety (WHS) plans that all new workers receive relevant WHS training. A recent decision in the NSW District Court (the Court) has highlighted the need for employers to also re-induct or provide refresher training to workers when they are transferred to a different department or location.
In SafeWork NSW v Crawfords Freightlines Pty Ltd  NSWDC 442, Crawfords Freightlines Pty Ltd…Continue
When investigating allegations of misconduct against an employee in the workplace, employers must ensure that any ensuing disciplinary process is kept distinct from and separate to the investigation. This is to ensure that the employee is afforded proper procedural fairness.
The purpose of an investigation into allegations of misconduct is to determine whether or not the misconduct has actually taken place and can be put to the employee as part of a disciplinary process. During the…Continue