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This is where we share articles and information to help youFailed drug test employee also fails over dishonesty
For an employee of 4+ years, dishonesty during a workplace investigation into a positive drug test left him petitioning the FWC for his job back.
The ensuing unfair dismissal claim put the employer’s workplace investigation practices under the microscope before the FWC.
This is yet another case highlighting how employee dishonesty will impact the trust and confidence necessary in the employment relationship.
NEWS ALERT: First Workplace Bullying Claim Dismissed
The Fair Work Commission has made it’s first ruling under the new workplace bullying jurisdiction.
Unfortunately for the employee, it didn’t quite pan out as expected.
44 Workplace Bullying Claims Hit the FWC
Since 1 January 2014 bullied employees have been able to apply to the Fair Work Commission for an order to stop the bullying.
From 1 January to 5 February, 44 such applications were received by the FWC in what is traditionally the quietest time of year.
With bullying application numbers set to increase, employers now more than ever need to bully-proof all tiers of the workplace to satisfy statutory obligations, protecting employees and themselves.
Month long sexual harassment results in $476k damages
As workplaces wind down for the year, workplace functions start to pepper the social calendar.
While many employees will be on their best behaviour, employers must be mindful of those individuals who can ruin it for the rest.
This recent Federal Court case exemplifies some of the risks associated with investigating sexual harassment in the workplace and raises a number of serious questions for employers.
Worker’s “absolute dishonesty” sees fighting dismissal upheld on appeal
Having two of its employees involved in a physical fight at work was concerning enough for this employer.
Then having the FWC reject the employer’s dismissal action as unfair was something the employer would not accept.
Find out what happened in the employer’s legal challenge to the initial finding and what it means for your misconduct procedures.
Dismissal for fighting upheld despite protracted workplace bullying
After a tumultuous few years through the courts, an employer’s decision to dismiss a fighting employee has finally been upheld by the Full Bench of the FWC.
The crux of the decision rested on whether years of systemic workplace bullying outweighed the employee’s extremely aggressive actions.
Luckily, the employer’s workplace investigation was not in question.
FWC prepares for new workplace bullying laws
Recently the Fair Work Commission outlined its expectations for the new national workplace bullying regime to commence on 1 January 2014.
As an unprecedented jurisdiction and with novel legislation, the FWC has admitted that it will be a trial and error process with teething problems to be expected.
So far, a model approach to the management of bullying applications and a draft bench book are the latest pieces of the emerging workplace bullying puzzle.
How to prepare for new workplace bullying laws
The countdown to the introduction of new national anti-bullying measures is on.
With only six weeks to go before amendments to the Fair Work Act 2009 (Cth) come into force on 1 January 2014, employers and HR professionals are now under the pump to understand how these changes will inevitably affect their workplace.
The HR Investigator has done the hard yards for you, unpacking the new workplace bullying amendments to assist employers in understanding the impact these laws will undoubtedly have.
We tell you what you should be doing now.
News Alert: Guide for the Prevention of Workplace Bullying to be published
Safe Work Australia plans to publish its guide against workplace bullying by the end of November 2013.
“Significant gaps and errors” undoes workplace investigation sacking
An employee accused of ‘blatant and deliberate’ disregard of a cardinal safety rule has been reinstated to his original position by the Fair Work Commission.
Numerous mitigating factors and reasons from the ensuing HR investigation meant that this employee’s sacking was unfair.
To the employer’s downfall, many of these factors were avoidable.
Read on to ensure your next workplace investigation avoids the disastrous consequences of this one…