Brad Petley's Blog (5)

Honestly!! Let’s talk about employee dishonesty during an HR Investigation

In Brief

An employee owes a duty to their employer to be honest in their dealings with it.  This is no more apparent than when the employee is the subject of an investigation into alleged misconduct.

A recent dismissal case…


Added by Brad Petley on October 9, 2012 at 15:00 — No Comments

[PART 2] "Warning, Warning" - Taking Account of Past Workplace Sins When Disciplining Employees

In Brief

In Part 2 of our discussion about the recent Patrick Stevedores1 case, we consider whether the actions of an employer over a prior disciplinary warning can be called into question in a later dismissal case by Fair Work…


Added by Brad Petley on August 9, 2012 at 8:00 — No Comments

"Warning, warning" - Taking account of past workplace sins when disciplining employees - [Part 1]

In Brief

A recent dismissal case before Fair Work Australia ("FWA") serves as a useful illustration of the issues facing employers when weighing up an employee's poor disciplinary record and whether a dismissal would be justified.

Warning Confusion…


Added by Brad Petley on July 25, 2012 at 11:00 — No Comments

Employer's Redundancy Assumption goes awry in Dismissal Case

In Brief

In a recent appeal case about a redundancy1, Fair Work Australia ("FWA") rejected an employer’s “assumption” that a manager would be insulted if offered redeployment to a more junior position following a restructure.…


Added by Brad Petley on March 28, 2012 at 16:00 — No Comments

Ensure Compliance with Workplace Laws

Even though the Fair Work Act 2009 has been in full operation for just over 2 years, we are continually surprised by the amount of outdated employment contracts and workplace policies still in use.

The Fair Work Act introduced the National Employment Standards (NES) and Modern Awards.  The NES brought about changes to a number of minimum terms and conditions, which necessitated amendment to many existing employment contracts…


Added by Brad Petley on March 13, 2012 at 11:29 — 1 Comment

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