Usually, an employee’s employment may only be terminated for out-of-hours conduct when: 1.The employee’s conduct is likely to cause serious damage to the relationship between the employer and the employee; or 2.The employee’s behaviour damages the interests of the employer; or 3.The conduct … [Read more...] about Out-of-Hours Conduct by Employees and Unfair Dismissal
Swearing In The Workplace
The kind of behaviour considered appropriate in the workplace has evolved over the years. Whether an employee can have their employment terminated for swearing depends on a few things: the context in which the swearing occurs, the audience, and whether it was part of the workplace … [Read more...] about Swearing In The Workplace
Workplace Bullying
Bullying is, unfortunately, something that happens in may workplaces. It poses a risk to the health and safety of employees as it may affect workers’ mental and physical health. It is in the interests of employers to protect employees from bullying if they are to maintain a happy and productive … [Read more...] about Workplace Bullying
Sexual harassment in the workplace: What can you do about it?
What is sexual harassment? Sexual harassment is generally defined as any unwanted or unwelcome conduct of a sexual nature which makes a person feel offended, humiliated or intimidated. It includes remarks, conduct or innuendo of a sexual nature. It can be a person harassing a member of the … [Read more...] about Sexual harassment in the workplace: What can you do about it?
Sham Contracting under the Fair Work Act
Workers can be engaged as either independent contractors or employees. It is very important to determine the nature of a particular work relationship, as people who are employees have entitlements and protections under workplace laws that independent contractors do not. A mistake or … [Read more...] about Sham Contracting under the Fair Work Act
Why it is Important to obtain Advice in the Workplace and to follow it
In CFMEU v Hail Creek Coal Pty Ltd [2016] FCA 1032, an employee was awarded almost $1.3 million for his employer’s repeated wrongful actions against him. The employee, Mr Haylett, was referred to by the trial judge as having “a remarkable history of resilience” in successfully arguing an adverse … [Read more...] about Why it is Important to obtain Advice in the Workplace and to follow it