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Recent Posts
- Workplace Bullying – remove it from its current legal and cultural designation as an OHS issue
- Managerial Duties were not an “add-on” and the Award does not Apply – FWA Full Bench say in Unfair Dismissal Claim Appeal
- Costs Awarded Against Applicant in Sexual Harassment and Discrimination Case
- Employer Escaped Liability in Sexual Harassment Case before NSW ADT
- When is Redundancy Pay NOT Payable?
Author Archives: Pendlebury Workplace Law
Workplace Bullying – remove it from its current legal and cultural designation as an OHS issue
National law firm principal, Josh Bornstein, says criminalising workplace bullying will not work, and Fair Work Australia should be given a new early intervention role to prevent cases reaching the point of irreversible damage. In a presentation at a Legalwise … Continue reading
Posted in Harassment at Work, News, Workplace Safety
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Managerial Duties were not an “add-on” and the Award does not Apply – FWA Full Bench say in Unfair Dismissal Claim Appeal
Manager fails in arguing his managerial duties were simply an ‘add-on’ to his technical responsibilities, before FWA. A consultant, who became a manager, for a consulting firm, Thomas Duryea Consulting Pty Ltd, has failed to successfully appeal against a FWA … Continue reading
Posted in Dismissal, News
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Costs Awarded Against Applicant in Sexual Harassment and Discrimination Case
Claims of discrimination or sexual harassment are not all just high stakes for employers. In a recent Federal Court decision in Dye v Commonwealth Securities Limited (No 2) 1 [2012] FCA 407, Vivienne Dye is now faced with the prospect … Continue reading
Posted in Harassment at Work, News
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Employer Escaped Liability in Sexual Harassment Case before NSW ADT
In the most recent case before the NSW Administrative Decisions Tribunal Cooper v. Western Area Local Health Network [2012] NSWADT 39 (9 March 2012) , a male health care worker, who was employed by the Western Area Local Health Network, was … Continue reading
When is Redundancy Pay NOT Payable?
Redundancy pay is generally notpayable under the National Employment Standards (‘the NES’) to any of the following: an employee whose period of continuous service with the employer is less than 12 months; an employee of a small business employer (a … Continue reading
Posted in Dismissal, Entitlements
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Sexual Harassment and/or Sex Discrimination Complaints in the Workplace in Australia
Employers should recognise that the areas of risk when dealing with a sexual harassment and/or sex discrimination claim are expanding. The way in which sexual harassment and sex discrimination complaints are being brought and litigated is increasingly becoming more sophisticated … Continue reading
Fair Work Australia had no jursidiction to hear after-hours behaviour dispute
Fair Work Australia has held that it has no jurisdiction to hear a dispute over disciplinary action taken against three coal-mining workers for alleged after-hours behaviour. One of the Thiess employees who worked at its Wilpinjong Coal Mine, in the … Continue reading
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Federal Government Announces Workplace Bullying Review
Workplace Relations Minister Bill Shorten workplace bullying has announced a review of workplace bullying, to be conducted by the House of Representatives Standing Committee on Education and Employment. The review will cover “the nature, causes and extent of workplace bullying“, … Continue reading
Posted in Harassment at Work, News, Workplace Safety
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Child care worker loses dismissal case – arrived at work smelling of alcohol
A child care worker summarily dismissed after attending work smelling of alcohol may have successfully challenged her dismissal if not for the previous warning she had received and the fact that she worked with young children. FWA Senior Deputy President … Continue reading
Posted in Dismissal, News
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Valid Reason for Dismissal but no Procedural Fairness Afforded
The risks for employers in stringing out dismissal processes involving matters of serious misconduct have been demonstrated in Jones v Commissioner for Public Employment [2012] FWA 7069 (17 August 2012) where a Northern Territory Parole Officer failed to disclose during … Continue reading
Posted in Dismissal, News
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