The modern business is pretty savvy when it comes to minimising the risks ahead of the annual end-of-year party. Much care is given to booking an appropriate venue and ensuring plenty of food is on offer to offset the  celebratory drinks An office-wide note is usually sent, outlining expected standards of behaviour and clarifying work function start and finish times. A responsible manager is often appointed to be on the alert for inappropriate behaviour and arrangements made for employees to get home safely. However, despite the careful planning and risk mitigation across areas like OH&S, sexual harassment, discrimination and bullying, it is called the silly season and things can still go wrong. The phones at lawyers’ offices usually start ringing in late December and early January of each year with businesses seeking legal advice around post-party fallout. So what should you do if your business experiences a festive season dispute? 1. Act immediately and effecti...

Sexual Harassment Investigation Sydney NSW/ACT With the increasing publicity surrounding sexual harassment in Hollywood and the #MeToo campaign it may only a matter of time before there is an increase in the reporting of sexual harassment complaints in the workplace, is your organisation ready to deal with complaints? Responding promptly and correctly is in the best interests of victims and the organisation.  For the organisation or business failing to deal with complaints can result in costly litigation, the loss of good staff, a toxic workplace culture, adverse publicity and damage to your brand image and reputation. If you receive a complaint of sexual harassment it is vitally important that; You respond in a timely and professional manner with a thorough investigation of the complaint. Your response is fair and balanced taking into accounts the needs of all the parties. Your investigation is carried out in a professional manner taking into account the investigative pro...

The serious threat SMEs are ignoring: One in two small businesses don’t have a policy for bullying claims One in two small businesses do not know how they would respond if bullying allegations were raised by their staff, according to new research, leaving them open to significant costs and productivity issues. But workplace experts say these concerns can be prevented with forward planning A survey of 400 businesses from employment relations advisory Employsure found one in two Australian small businesses don’t have a “defined action plan” for when bullying is raised at work, with many unaware that they could face costs related to dispute resolution or even penalties relating to bullying cases in some states. The research, which surveyed businesses with up to 15 employees, found those businesses with between two and four employees were the most likely to be unaware of best practice processes for dealing with bullying claims, with only 40% of businesses saying they know the st...

In the recent decision of  Paul Johnson v BHP Billiton Olympic Dam Corporation Pty Ltd  [2017] FWC 4097, Commissioner Hampton found that, although the employee had engaged in misconduct constituting a valid reason for dismissal, the dismissal was nevertheless harsh due to a number of mitigating factors. However, the Commissioner did not consider reinstatement appropriate because the employer had a rational basis for its loss of trust and confidence in the employee given the importance of the need for compliance with safety policy and the maintenance of appropriate discipline in connection with workplace health and safety matters. The employee was instead awarded compensation. The facts The employee was employed by BHPB from 24 May 2001 until his dismissal on 31 March 2017. At the time of his dismissal, the employee was a process specialist, responsible for a team of technicians looking after a flash furnace and other equipment in areas of a smelting facility at an und...

The Queensland Supreme Court last month awarded $1,703,530 in damages against an employer, whose Chief Executive Officer's "unjustified blaming, humiliation, belittling, isolation, undermining and contemptuous disregard" of the plaintiff employee resulted in serious psychiatric injury. The employer was found vicariously liable for the CEO's actions and to have breached its own duty of care. Repeated mistreatment and harassment of employee by CEO Ms Robinson was the District Director of Nursing for the Cape York Health Service and brought her claim against the State of Queensland for negligence and vicarious liability. Ms Robinson complained that, from March 2010 to 17 January 2011, the CEO repeatedly harassed and mistreated her. This conduct included: unjustified, loud and aggressive disciplining and belittling of her in public and in front of other staff on multiple occasions; failing to inform her of allegations against her and failing to provide those alleg...

Recently an employee who was terminated for workplace misconduct as as result of drinking too much alcohol on Anzac Day and was awarded $8229.00 after the Fair Work Commission found that her dismissal was valid but none the less harsh under the circumstances. Avril Chapman was employed by the Tassal Group. Her job  involved scaling, slicing, weighing and packing fish.  She had  been employed since 1 August 2012 and was terminated for workplace misconduct on 1 May 2017. On 25 April 2017, Chapman telephoned Tassal at 4.56 p.m. and left the following message: “Hi Michelle, its Avril one of your most loved pains in the arse. Um its ANZAC day, my birthday, and I admit I have over indulged so I’m taking into account one of the golden rules be fit for work and I’m not going to be fit for work so I won’t be there. But um love ya, catch ya on the flip side.” The next morning the message was heard by a Tassal senior manager, Duane Baker, who was concerned that Ms C...

The FWC has refused to take the "extraordinary step" of temporarily halting an employer's recruitment process while it determines whether an unsuccessful candidate was "bullied". The employee, a senior research fellow at the University of Queensland, alleged the institution bullied him when it overlooked him for a new role and didn't extend his existing employment contract. He blamed his failure to secure the position on an anonymous complaint about his research, which led to a misconduct investigation. The employee made a stop-bullying application, arguing that at least two of the four people on the interview panel knew about the inquiry into his alleged research misconduct, and that his interview was unfair because he was not given the opportunity to discuss his research. While his claim proceeds, the employee sought an interim order restraining the employer from appointing a new candidate to the role he wanted. The employer argued the employee ...

An employee who claimed his new team leader micromanaged and bullied him has had his stop-bullying application rejected, after the Fair Work Commission found her behaviour "abrupt" but not repeated or unreasonable. The Bunnings Warehouse employee claimed that in May 2016 the new team leader asked him about his face – the left side of his face "droops" and he is unable to move his left arm – which he found "deeply disrespectful and hurtful". A few weeks later, the team leader on two occasions confronted him and questioned why he was in different sections of the store, he told the Commission, noting he believed he was being singled out and treated differently from colleagues. He contacted the store manager to discuss the issue but was told she was too busy to speak with him, and he subsequently took two days off because of work-related stress. The employee claimed that when he returned to work, the employer suspended him but didn't tell him wh...

Social club ordered to pay worker $27,000 after firing him over claims he made sexual comments and revealed the company’s finances to patrons A social club venue in Melbourne has been ordered to pay thousands of dollars in compensation to a worker it dismissed over allegations he had told patrons the business had no money and had alleged open discussions of a sexual nature about activities with women in Thailand. The worker, who had been employed at South Oakleigh Club in Melbourne from July 2012 until January 2017, lodged an unfair dismissal claim with the Fair Work Commission when he was fired after the general manager of the establishment put five allegations to him. These included that he had told patrons of the venue that the business “had no money”; that he had revealed confidential details of another staff member’s employment to one of the club’s members; that he had spoken disrespectfully to management; and that he had engaged during work time in ...