- 17 December, 2015
Recently, the Fair Work Commission (Commission) found that the spreading of misinformation or rumours about co-workers as well as ill-will against others can amount to bullying under the new anti-bullying provisions. The decision clarified how bullying can manifest itself in many different ways and that bullying is not just between co-workers but can be instrumented by anyone an employee comes into contact with at work.
- 15 December, 2015
In a recent decision, the Industrial Court of Queensland (the ICQ) disallowed a workers’ compensation claim for a female employee that developed a psychiatric injury as a result of a supervisor taking inappropriate photographs of her chest. This case highlights the employer’s potential liability for the actions of their employees carried out at work, which do not appear at face value to be work-related.
- 10 December, 2015
In January 2014, the anti-bullying provisions were introduced giving the Fair Work Commission (FWC) broad powers to regulate inner workings of a workforce. The FWC will make a determination on whether there has been bullying conduct within the workplace or that no bullying behaviour was proven. If bullying has been proven, the FWC has the power to issue a Stop Bullying Order if there is a risk that a worker will continue to be bullied at work. Accordingly, orders cannot be made where the worker is no longer engaged at the workplace or if there is no risk of the bullying conduct continuing.
- 8 December, 2015
Whilst all employees are entitled to paid annual leave, any application for leave not accrued is at the discretion of the employer. In a recent decision, the Fair Work Commission (FWC) found that a dismissal will not be considered harsh, unjust or unreasonable when an employee takes annual leave that has not been accrued after the employer has provided lawful instruction directing the employee to attend work.
- 3 December, 2015
- 1 December, 2015
The private conduct of employees outside work hours is an area that continues to cause concern for many businesses. Summary dismissal based on serious misconduct requires the principles of procedural fairness to be followed even if there is a valid reason for dismissal. The Fair Work Commission (FWC) in a recent case found that ‘conduct outside of work involving criminal offences does not, alone, warrant dismissal’. Accordingly, a ‘relevant connection’ must be shown between the workplace and the employee’s criminal activity outside the workplace for summary dismissal to be warranted.