It is not uncommon for employees to raise allegations against Employers in order to divert attention away from, or attempt to excuse their own misconduct.

In Trika v Home@Scope Pty Ltd [2022] FWC 749, the Fair Work Commission (FWC) has defended an Employer’s decision to dismiss an employee after he left his overnight shift early without authorisation.

The Employer managed and operated independent supported living facilities for disabled clients. The…

There are often misconceptions about how many times an employee must be warned regarding their poor performance before they are able to be dismissed. Although there is no legislative requirement stipulating the number of warnings required, the Fair Work Act 2009 (Cth) (FW Act) provides that an employee must be warned about their unsatisfactory performance before they are dismissed for that reason.   

In McCallum v Everstone Pty Ltd [2022] FWC 782,…

A recent decision of the Federal Circuit and Family Court of Australia (the Court) has reaffirmed the standard of proof that is required to disprove allegations of unlawful adverse action under the Fair Work Act 2009 (Cth) (FW Act).

Section 361 of the FW Act states, where an allegation of unlawful adverse action is made, it will be presumed that the action was, or is being, taken for the unlawful reason, unless the person proves…

In a recent decision, the Fair Work Commission (FWC) has applied the test recently confirmed by the High Court of Australia in CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1 and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (the High Court Decisions), in distinguishing between employees and contractors.

The High Court Decisions confirmed that the distinction must be made by reference to the rights and obligations of the…

The question of whether a demotion will constitute a dismissal under the Fair Work Act 2009 (Cth) (FW Act) was considered by the Full Bench of the Fair Work Commission (Full Bench) NSW Trains v James [2022] FWCFB 55.

The matter was referred to a Full Bench on appeal from the first instance decision of Deputy President Saunders in James v NSW Trains [2021] FWC 4733 (First Instance Decision) who found that the…

As companies struggle to fill open positions, they are turning to social media to find new talent. But performing DIY background checks may not be very helpful when screening for quality candidates. Read further to know the top five tips to hire top talent faster and more efficiently.…

Developing your cognitive skills is now considered as vital as the early morning workout if you want to get ahead in the future world of work.

Many people are dedicated to training their bodies daily to get them match fit, but it is just as important to train your brain, especially when operating in today’s workforce which is becoming increasingly fast-paced.

Whether it’s suggesting to staff a morning crossword, a daily brain teaser, or an attempt at the…

For the food & beverage and manufacturing industries, the COVID-19 pandemic created widespread challenges —everything from a surge in demand for food and beverage products, the manufacture and supply of packaging, raw materials and ingredients to staffing, distribution and logistics.

Rampant illness…

The stop-bullying provisions of the Fair Work Act 2009 (Cth) (FW Act) provide a mechanism for the Fair Work Commission (FWC) to impose orders upon employers (as well as individual employees) which are aimed at stopping bullying behaviour in the workplace.

In applications for orders to stop bullying, the conduct of an employer will not constitute bullying under section 789D of the FW Act if it can be shown that the particular conduct was…

In a recent decision of the Victorian Civil and Administrative Tribunal (VCAT), an employer has been ordered to pay $150,000 in general damages to a former employee for failing to take reasonable precautions to prevent her from being sexually harassed in the workplace.

In Oliver v Bassari (Human Rights) [2022] VCAT 329, an employee was found to have contravened section 93 of the Equal Opportunity Act 2010 (Vic) (EO Act) by sexually…

For many consumer goods companies, the impact of the pandemic forced them into simply surviving - priorities shifted to navigating supply chain issues, managing remote working and depleted workforces, panic-buying and safeguarding employees and customers. Understandably, long term goals issues such as diversity and inclusion…

As a workplace investigator I am seeing a upsurge in complaints of bullying and sexual harassment that could be attributed to  employees forgetting the rules and expectations of the workplace and not being used to a higher level of interpersonal contact.

“For the last two years the kids have been stuck inside, now they’re going back to the playground they seem to have forgotten how to play nice.”

It is also important to remember that employees who were hired during the…

In the first part of this Succession Planning series, we explored the pitfalls associated with a lack of succession planning. In part two, we look at what executives and boards can do to implement a succession plan, nurture internal talent and discover future leaders. 

How Organisations Can Discover…

The lockdown situations all over Australia created a number of scenarios where employees were able to remain at home and undertake work.  Some of these arrangements led to an increase in productivity and for other organisations and industries there has been an eventual decline in productivity.

With the question around WFH coming up for…

There has been much fanfare about the impending ‘great resignation’ expected this year. How much this impacts Australian organisations, especially the c-suite remains to be seen. It’s not unrealistic, however, to think many executives, burnt out from the unprecedented difficulties faced as a result of the pandemic may…

Most organisations are fatigued with their approach to an inclusion and diversity strategy which doesn’t seem to get impactful results. Leaders are supportive of D&I but it’s hard for it to be a real priority when there are so many expectations on leaders and what they are responsible for.  

The reality is that a role that works…