November 2021 Blog Posts (12)

Council says serious safety breach warrants termination: 2 garbage collectors pay a hefty price (3 lessons for councils)

A 62 year old with 42 years of service with the City of Sydney Council challenged his dismissal which cost him (amongst other things) a $70,000 entitlement.  The Commission however found in favour of the Council citing the safety breaches had potential consequences for “catastrophic and avoidable” injuries.

In Hamlin v City of…


Added by Jonathan Mamaril on November 24, 2021 at 8:00 — No Comments

Performance management – 3 tips for all people managers and HR

Performance Management is coming into sharp focus for a number of organisations

As we start to come “back into the office”, understand the practical and financial impact of pandemic, COVID-19 and vaccinations and begin either a restart of business progress or a continuation of growth the issue of people and performance management has become ever more increasingly important.

A number of organisations have been in contact with …


Added by Jonathan Mamaril on November 22, 2021 at 16:00 — No Comments

Compliance is a must: Employer and director ordered to pay penalties for failure to comply with compliance notice

The Fair Work Ombudsman (FWO) regularly engages in enforcement action for contraventions of the Fair Work Act 2009 (Cth) (FW Act). Such enforcement action includes issuing infringement and compliance notices, entering into enforceable undertakings or commencing litigation against companies and others involved in contraventions.

In the Fair Work Ombudsman and Registered Organisations Commission Entity Annual Report 2020-21 (the…


Added by Shane Koelmeyer on November 17, 2021 at 17:13 — No Comments

No way, know how: What is the difference between confidential information and “know-how”?

During the course of the employment relationship, employees will inevitably gain knowledge or be exposed to information about the employer’s business that is considered confidential to its operations and which the employer does not want to be put out into the public domain.

It is for this reason that many employment contracts, particular for senior employees who have more exposure to such information, will contain clauses that aim to protect the employer’s confidential information and…


Added by Shane Koelmeyer on November 17, 2021 at 17:13 — No Comments

Under suspicion: Commission finds employer’s suspicion of an employee’s misconduct was not a valid reason for dismissal

If considering taking disciplinary action due to an employee’s misconduct, it is critical that an employer makes a decision based on wrongdoing as opposed to a mere suspicion of wrongdoing. It may be first necessary to conduct an investigation in order to ascertain whether an allegation of misconduct can be substantiated before commencing disciplinary action.  

Termination of an employee’s employment on the mere suspicion of misconduct rather than any actual misconduct is likely to…


Added by Shane Koelmeyer on November 17, 2021 at 17:12 — No Comments

Human behaviour specialist: Face-to-face critical to business recovery

Co-founder of the Behaviour Report, Dan Gregory, has said that face-to-face meetings, company events, and conferences will be critical for business recovery as parts of the country begin to exit prolonged lockdowns.

The human behaviour specialist was a keynote speaker at Australia’s premier corporate industry event, Illuminate 2021, hosted by the Flight Centre Travel Group, and enlightened attendees with what drives beliefs, behaviours and belonging.

“Every generation has a…


Added by Tom Walley on November 10, 2021 at 16:30 — No Comments

How to create an inclusive environment: 6 essential tips for every leader

For forward-thinking and dynamic organisational leaders, creating an inclusive environment is essential to ensuring every employee feels welcomed

The research tells us time and time again that creating a sense of belonging is imperative if you want to: 

  • Leverage the benefits of diversity 
  • Encourage innovation 
  • Ensure…

Added by Maureen Frank on November 9, 2021 at 15:00 — No Comments

Let’s get flexible: Employer acted “entirely reasonably” when terminating employee who worked flexible hours

It is not uncommon for employers and employees to agree to flexible working hours, particularly in circumstances where the employee has family or other caring responsibilities. Such arrangements are best recorded in writing, setting out clear expectations of the employee.

In Sinclair v Sunwise Constructions Pty Ltd [2021] FWC 5994, the Fair Work Commission (FWC) was recently required to consider an unfair dismissal application of an employee who was dismissed…


Added by Shane Koelmeyer on November 3, 2021 at 10:11 — No Comments

You’ve got mail! Commission finds termination letter sent to inactive email address was not notification of dismissal

Given the serious nature of matters such as dismissals, employers should, as far as reasonably practicable, communicate such matters in person to ensure that there is no confusion about when the employee was made aware of any issues with their employment.

Understandably this may not always be possible, particularly in the COVID-19 context. Employers should therefore regularly ensure that alternative contact details for employees are up-to-date. Failure to do so can lead to…


Added by Shane Koelmeyer on November 3, 2021 at 10:08 — No Comments

Age is just a number: Labour hire company and placement company penalised for discriminating against prospective employee

The general protections provisions of the Fair Work Act 2009 (Cth) (FW Act) are wide-ranging in the sense that they provide protections to, and prohibit adverse action by, persons and entities beyond an employee and an employer.

The provisions also relate to conduct by or directed at prospective employees and employers, existing or prospective independent contractors as well as industrial associations and officers or members of industrial…


Added by Shane Koelmeyer on November 3, 2021 at 9:58 — No Comments

Why you need to stop searching for the perfect candidate

We are facing a crisis, and I’m not talking about the COVID pandemic. Business leaders have forecast a great resignation when borders open, but we’re already starting to see this happen before travel resumes. 

This crisis stems from the way we measure value before we even hire an employee. 

Despite the hopes of migration allowing us to return to business as usual, our…


Added by Katriina Tahka on November 1, 2021 at 23:28 — No Comments

The rise of bullying and harassment in lockdown

Once upon a time, remote working was perceived as an escape from workplace politics, a day to avoid the crowded commute and a chance to focus on getting your work done autonomously - working how and where you want away from the distractions of office life. 

Working from home should offer a time of calm concentration, a chance to throw on comfortable clothing and work how you feel most effective doing so balanced…


Added by Katriina Tahka on November 1, 2021 at 20:00 — No Comments

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