This month we look at the Fair Work Commission’s (FWC) ‘stop bullying’ jurisdiction and explain what employers need to know about the increasing prevalence of these claims being made by employees. We explore what constitutes ‘bullying’ under the regime and give examples of what does not meet the definition. We also set out some important…
This month we look at the new international OHS standard published by Standards Australia. We also discuss the current ‘casual leave’ issue that is set to be considered again by the Federal Court, with a number of parties intervening in a new case brought by Workpac. New OHS standard published The world’s first international OHS…
In Fraser v Burswood Resort (Management) Ltd, the employee worked as a croupier at the Burswood Casino. The employee had finished her shift and about half an hour into her journey home, the employee lost control of her motor vehicle which rolled four or five times. The employee was seriously injured and has ongoing disabilities.…
In a recent matter before the Federal Circuit Court of Australia, an employer has been fined and ordered to seek professional help to deal with his anger management issues. An employee (represented by the Transport Workers’ Union) approached the employer and informed him that he could not work the following Monday as he had to…
A recent decision of the Fair Work Commission’s Full Bench has provided some clarity about the role of a support person in a termination or performance management process. In the decision of Victorian Association for the Teaching of English Inc v de Laps, the Employee resigned from her employment following the initiation of a performance…
