BlandsLaw - Blog posts from disciplining and managing employees
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Can you be sacked for your Facebook comments?

In today’s society, employees are connected in many ways. Not only do they work together but if they are friends on Facebook or connected via LinkedIn, then activities outside of business hours are also visible and can be shared. Therefore, the boundaries between work and private life have become increasingly blurred. Employees should keep in mind how their posts, comments, likes or tweets could affect the relationship they share with their co-workers and potentially negatively impact their employer’s reputation.

Just because an employee is at home when the conduct occurs doesn’t mean action cannot be taken. Claims of bullying and harassment via social media are on the rise and it’s not an issue the FWC takes lightly. In some situations, a person’s employment may be in jeopardy where there is a sufficient connection between alleged misconduct over social media and their employment.

In a recent case heard by the FWC[1], it was found that the decision to sack a worker for making disparaging comments about his supervisor on

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Unfortunately, instances of harassment and discrimination are common practices within the workplace. Often employees participate in acts of wrongdoing that contravene laws that aim to prohibit all discriminatory conduct. Significant implications for employers can arise if they are found to be vicariously liable for the wrongdoings of their employees. Nevertheless, an employer may be able to protect itself against vicarious liability and avoid paying substantial damages for an employees conduct if it can be established that all reasonable steps to prevent unlawful acts occurring in the workplace were in fact taken.  

The issue of what amounts to ‘reasonable steps’ is one of contention, given the operational and size differences from one business to another. Therefore, it is extremely important for employers to be aware of all they can do to best cover themselves from being held liable. A recent case, involving Centerprise Resource Group, highlights this issue for employers. The NT Anti- Discrimination tribunal found Centerprise to be vicariously liable for their employee’s offensive race-based language towards another employee

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A senior employee who attended a work-related conference and exhibited signs of drunkenness at 9am on the morning following a night out drinking with work colleagues, has successfully been awarded nearly $300,000 in damages after being wrongly dismissed for serious misconduct.

The employee, a senior manager within the company, spent the night out drinking with work colleagues before falling asleep outside his hotel room in the early hours. He subsequently attended the work training conference, being held in the hotel, whilst still apparently drunk. The alleged behaviour included slurred and louder than normal speech, using animal noises when describing a recent safari and smelling of alcohol. The employee’s behaviour became the subject of an investigation which concluded that he should be summarily dismissed.

Ultimately the issues to be decided by the court rested on the correct interpretation of the employment contract and whether the conduct was properly considered serious misconduct.

Why was the behaviour held not to be “serious misconduct”?

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Managing your organisation's performance effectively entails managing your employees' performance effectively.

An annual performance appraisal is an integral part of this process but should not be the only time that there is feedback between the employer and the employee.

Regular performance reviews enable you to:

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A Queensland tribunal recently found an employer was liable after it failed to properly investigate a sexual harassment claim brought by one of its employees. (McCauley v Club Resort Holdings Pty Ltd (No 2) [2013] QCAT 243 (13 May 2013))

The case involved a sexual harassment claim made by a food and beverage attendant against a chef with whom she worked. The attendant claimed the chef had made derogatory comments to her over a number of days and made growling noises in her ear and around her neck. 
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The recent federal court decision in CFMEU v Bengalla Mining Company Pty Ltd [2013] FCA 267 held that a warning letter issued for an employee’s unauthorised absence did not amount to adverse action. This case is important as it demonstrates that clearly communicated workplace policies, and consequences for breach, may mean the difference between allowable disciplinary action and unlawful adverse action.

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A recent tribunal decision in Queensland highlights how important it is for employers to understand the dos and don’ts of performance management. In Ram v Yes Distribution Pty Ltd and Anor[1], the employer, an Optus reseller, required a sales employee to move to their Townsville store when forced to close their Cairns store for business reasons. The catch, however, was that during discussions with the employee about this relocation the employer chose to raise performance issues as part of the discussion. The employee subsequently claimed that she had been discriminated against on the basis of family responsibilities and that her family commitments prevented her making the move from Cairns to Townsville.

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It’s mid February already. If you’re a small to medium business owner you may be finalising your business plan for the year ahead – or perhaps your team has its head down, on the way to achieving its goals for this quarter. Managing your business’ performance effectively entails managing your employees’ performance effectively. An annual performance appraisal is an integral part of this process but should not be the only time that there is feedback between the employer and the employee.

Regular performance reviews enable you to: 

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Four important changes to unfair dismissal laws: how they impact you

In October, the Workplace Relations Minister Bill Shorten announced that parliament will implement numerous important changes to the Fair Work Act this year, following an independent review of the Act in June 2012. Chief among these changes are those concerning complaints brought about by employees upon termination of their employment. Here is a summary of the four key changes that we believe will impact positively on businesses and workplace relations.

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Performance Reviews- A Guide for Employers

 

The procedural fairness requirements of the Fair Work Act, 2009, together with recent decisions of Fair Work Australia (FWA), impose on employers an obligation to act carefully and consistently when managing and disciplining employees. This article addresses some practical strategies for effective performance management in the workplace.

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The procedural fairness requirements of the Fair Work Act, 2009 (Act) together with the recent line of decisions of Fair Work Australia (FWA), impose on employers an obligation to act carefully and consistently when disciplining and managing employees. This article addresses some practical strategies for effective performance management in the workplace.

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