July 2021 Blog Posts (15)

NDIS support providers - Overlap risks in being both an NDIS support provider and an employer (3 need to knows)

Many National Disability Insurance Scheme (NDIS) support providers do not realise the risk involved in navigating the disability support industry and its underpinning framework. This is particularly relevant as NDIS support providers are often also employers.   

The NDIS is a government-run program designed to assist people with disabilities.…


Added by Jonathan Mamaril on July 29, 2021 at 7:30 — No Comments

5 key risks all advisors need to know about termination of employment

5 Key Risks All Advisors Need To Know About Termination Of Employment

A number of consultants, advisors, accountants, bookkeepers and business coaches have asked us recently about…


Added by Jonathan Mamaril on July 28, 2021 at 8:00 — No Comments

Cigarettes and cough lollies: Employee dismissed for failing BAC tests

In a recent unfair dismissal decision, the Fair Work Commission (FWC) has supported an employer’s decision to dismiss an employee for breaching its drug and alcohol policy despite the employer failing to strictly enforce the policy.

In Rushton v Giacci Bro Pty Ltd [2021] FWC 3634, the FWC heard that the employee was employed by Giacci Bro Pty Ltd (the Employer) as a truck driver but, at the time of his dismissal, he had been performing light…


Added by Shane Koelmeyer on July 26, 2021 at 16:00 — No Comments

Off the clock: Fair Work Commission finds out-of-hours drink driving offence was not a valid reason for dismissal

Generally, the way in which an employee conducts themselves out-of-hours does not fall within the realm of what the employer can supervise or control. However, there are times where an employee’s conduct after business hours and away from work can impact the employment relationship.

The Fair Work Commission (FWC) recently made an important out-of-hours conduct ruling in the case Bobrenitsky v Sydney Trains [2021] FWC 3792 where it ordered the reinstatement…


Added by Shane Koelmeyer on July 26, 2021 at 13:48 — No Comments

Can you ensure the integrity of your online assessment process?

Today’s online assessments are generally completed in an unsupervised environment.

Although this is convenient for candidates and employers, it creates a new challenge.

How can talent managers ensure that the person completing a virtual assessment is the person who was invited to do so?

Hiring the wrong candidate has far-reaching implications for your organisation; including potentially negative consequences for existing employees and…


Added by Stefan Hinrichsen on July 22, 2021 at 11:35 — No Comments

Have you ever wondered why people react a certain way in the workplace? Has this caused conflict in the workplace? This article might explain why...

You may have heard of the Four Horsemen of the Apocalypse, represented by conquest, war, famine and death. Well you could very well be one of these horsemen according to psychology experts. 

Further to the Four Horsemen of the Apocalypse, the idea of the 'Four Horsemen of conflict' was developed by psychological researcher Dr John Gottman in 1994. While Gottman's research focused on marriage conflict, the idea of the horsemen can be translated to any kind of conflict, including…


Added by Alison Kennedy on July 22, 2021 at 6:30 — No Comments

Unfair dismissal & the role of workplace investigations

What role does the investigator and the investigation play in ensuring that a dismissal is not unfair? It is important that employers and investigators get it right the first time every time.

When an employee submits an unfair dismissal application after being terminated from their employment, the Fair Work Commission looks at 3 criteria; was the dismissal Harsh, unjust and/or…


Added by Phil O'Brien on July 21, 2021 at 17:30 — No Comments

Time’s up: Fair Work Commission rejects extension of time application after finding that the date of dismissal was made reasonably clear to the employee

Recently, Workplace Law successfully supported one of our clients in opposing an extension of time.

The Fair Work Act 2009 (Cth) imposes a strict 21-day time limit for employees to file unfair dismissal applications in the Fair Work Commission (FWC). The statutory limit starts from the date the dismissal takes effect.

If an application is lodged outside of the statutory time limit, then the employee must seek an extension of…


Added by Shane Koelmeyer on July 15, 2021 at 16:17 — No Comments

Improving diversity in early talent recruitment

Aon Enables Ocado Group to Improve Diversity in Early Talent Recruitment Process Using AI

  • Ocado Group now screens job candidates on behavioural qualities instead of academic qualifications 
  • This new process supported a 300% growth in job applicants 
  • Hiring teams reduced internal interviewing time by nearly 600 hours…

Added by Stefan Hinrichsen on July 15, 2021 at 12:08 — No Comments

Sexual harassment prevention - A missed opportunity

I have to agree with the article


Especially in relation to recommendation 17;

Amend the Sex Discrimination Act to introduce a positive duty on all employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation, as far as possible.

The government argued that such requirements are already implied…


Added by Phil O'Brien on July 13, 2021 at 14:30 — No Comments

15 text messages and 9 phone calls (amongst other things) to a council HR manager found to be excessive and intimidating – 2 learnings for dealing with intimidating employees

A Council employee was found to have engaged in serious misconduct for amongst other things harassing and being disrespectful to the HR manager.  In the decision of Stamoglou v Banyule City Council [2020] FWC 4722 (15…


Added by Jonathan Mamaril on July 6, 2021 at 8:00 — No Comments

Fear of commitment

Recruitment firms have been around long enough that they’ve diverged, taking different approaches to their work in some major and some minor ways. And, since we all need to make a living, the way we charge our clients is no exception. In this respect, recruitment firms tend to come down on one side of the fence or the other: retainer or…


Added by Debbie Morrison on July 5, 2021 at 11:30 — No Comments

You’re bacon me crazy: Fair Work Commission finds dismissal was disproportionate to the gravity of an employee’s heat of the moment remark

In the unfair dismissal jurisdiction, the primary remedy is reinstatement. This means the employer is ordered to return the employee to their employment in the position they held immediately prior to their dismissal or another position on no less favourable terms.

The Fair Work Commission (FWC) will have regard to a number of circumstances when considering whether to reinstate an employee, such as whether there has been a loss of trust and confidence in the…


Added by Shane Koelmeyer on July 2, 2021 at 10:59 — No Comments

Pedal to the metal: Fair Work Commission orders the reinstatement of an employee who was unfairly dismissed following a second investigation into the same incident

In unfair dismissal matters, reinstatement is the primary remedy and the Fair Work Commission (FWC) may not make an order for compensation unless it is satisfied that reinstatement is inappropriate.

When considering whether reinstatement is appropriate, the FWC will have regard to a number of factors.

In the recent decision of Brelin v Sydney Trains [2021] FWC 1314, the FWC ordered the reinstatement of an employee due to a “grossly unfair”…


Added by Shane Koelmeyer on July 2, 2021 at 10:13 — No Comments

I'll know it when I see it

Have you said this to yourself from time to time, maybe when you’ve been house-hunting, or car shopping, or looking for a new shade of paint for a room redecoration? That’s fair; sometimes you just need to sit in the driver’s seat, or see the colour on the wall before you really know.

But what about when you’ve…


Added by Debbie Morrison on July 1, 2021 at 11:46 — No Comments

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