A recent decision of the Federal Circuit Court of Australia (the Court) has shown why employers must always exercise care when seeking to dismiss employees – even during their probation period.

In Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd [2018] FCCA 3734, an employer was ordered to pay $10,000 in compensation to a former supervisor who had been dismissed five months into her probation period.

At the time of the dismissal, the employer’s…

Workplace coaches and HR gurus talk a lot about the art of cultivating a positive and productive workplace culture. But what does “workplace culture” really mean and what happens when workplace culture becomes damaged or toxic? 

The tail end of 2018 saw a series of reports in the media about failing workplace cultures in a number of organisations, all of which suffered some serious consequences.

The Google protests

In November 2018, Google employees…

A workplace incident involving a worker struck by a forklift has demonstrated the importance of having documented systems of work and induction processes in place that are accessible for all workers.

The worker was employed as a stock picker by Phong Warehouse & Distributor Pty Ltd (Phong). Phong was contracted by Williams Pressing and Packing Service Pty Limited (Williams) to provide stock picking services out of its warehouse.

On the worker’s second day…

The NSW Workers Compensation Commission (WCC) has made an interesting decision relating to workers who sustain an injury whilst at the workplace volunteering to perform work.

Under workers compensation legislation, an employer will only be liable for an injury if that injury arises out of or in the course of the worker’s employment.

In a major decision last year, the NSW Court of Appeal found that an injury sustained by a worker who had visited the workplace on…

We all have different hobbies, activities or interests we want to share with our friends and colleagues. However, not all interests are appropriate for the workplace.

In Rodger v ACT Government – Transport Canberra and City Services T/A ACTION [2018] FWC 6970, the Fair Work Commission (FWC) held that an employee’s conduct in bringing ornamental duelling pistols and inert booster charges in to work to show his colleagues created a risk to safety and…

Under the Fair Work Act 2009 (Cth), an employee is only protected from unfair dismissal if the employee is actually dismissed. Section 386 of the FW Act sets out the meaning of “dismissed” for this purpose and states that a person has been dismissed if their employment has been terminated on the employer’s initiative or if the person was forced to resign because of the conduct of the employer.

In most cases, it is clear when an employee is dismissed or has resigned.…

The NRL’s Manly Sea Eagles have faced an uncomfortable situation regarding a key employee in recent times. Just as the club’s pre-season was about to start, it had two head coaches ready, willing and able to show up for training. Trent Barrett had tendered his resignation from the position in June 2018 and was serving out his twelve-month notice period. In the meantime, the club had also hired Des Hasler to replace Barrett as the head coach.

Despite hiring a new coach, the club…

The general protections provisions under the Fair Work Act 2009 (Cth) (FW Act) make it unlawful for an employer to take adverse action against a person for a prohibited reason. Often, however, employees include claims of bullying and harassment that have the effect of “muddying the waters” about the real reason that adverse action was taken.

In Turley v James Frizelles Automotive Group [ 2018] FCCA 2989, an employee claimed that his employer took…

Findings of accessorial liability for contraventions of the Fair Work Act 2009 (Cth) (FW Act) are now frequent occurrences. Most commonly, the individuals found to have been involved in contraventions of the FW Act are directors of companies, and those findings of personal liability result from prosecutions brought by the Fair Work Ombudsman (FWO).

However, employers and their managers should be aware that it is not only the FWO that is able…

Reports estimate that 45% of Australians will experience a mental health condition at some stage in their lifetime and the mental health and wellbeing of employees is recognised as a significant workplace issue.

Businesses and regulators have now acknowledged that psychosocial hazards should be managed as a safety risks and that employers have work health and safety duties in relation to psychological…

One of the logistical challenges often faced by employers is the management of rosters and employee working hours. There are a number of factors to take into consideration when it comes to this, such as an employee’s availability, changing circumstances and the particular needs of the business.

It can be difficult for employers to balance these interests but a recent decision of the Fair Work Commission (FWC) has shown support for employers who make reasonable…

Employees active on social media (such as Facebook) fail to consider who might be able to see their personal online posts at any given time. The consequences can be significant – particularly in an employment context.

It is becoming increasingly common for employers to review their employees’ social media presence at various stages of the employment relationship, particularly when claims are made against the employer by an employee or former employee.  So, what happens when an…