Legislation

Reoccurring conflict is not grounds for dismissal unless…

Reoccurring conflict can be a puzzle

This item looks at what can we learn from a Fair Work Commission decision dated 5 December 2014. The case was Jacqueline Lumley v Bremick Pty Ltd Australia t/a Bremick Fasteners (C2014/5516). Reoccurring conflict between the same two parties may be grounds for dismissal if all reasonable steps have been taken to resolve the matter underpinning the […]

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Can you afford for your organisation to be paying out $1.3 million for avoidable damages?

No organisation wants to be paying out this sum of money and no ethical leaders in that organisation would want one of their staff to suffer any damage let alone damages to the extent that such a sum would be awarded. In regards to a negligence claim, say with a sexual harassment payout, how does […]

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Productivity Commission Draft Report: Workplace Relations Framework

It is important for HR Practitioners to be aware of the inquiry into Australian Workplace Relations as changes put forward by the Productivity Commission could lead to changes in the Independent Contractors Act 2006 and Fair Work Act 2009 (FWA). Federal Treasurer, The Hon Joe Hockey MP, requested the Productivity Commission undertake an inquiry into […]

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Brisbane Courts support Alternative Dispute Resolution Processes including Mediation

mediation for alternative dispute resolution

Mediation is proving to be a very successful alternative process to resolving disputes. If the courts are endorsing the use of workplace mediation then it makes sense for workplaces to follow suit. The Queensland Magistrates, Supreme and District Courts use Alternative Dispute Resolution in civil cases to help parties (organisations and individuals) to reach settlement […]

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Unfair dismissal upheld for disciplinary action without procedurally fair investigation or disciplinary process

Fair Go

The recent case of Poultry Harvesting Pty Ltd, highlights how a justifiable reason for dismissal does not meet the requirements of a fair dismissal if a fair process has not been followed. In this case ( [2015] FWC 3126) a worker was sacked for allegedly being intoxicated while at work and causing the death of […]

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Bullying and reasonable management action

  Let’s not confuse performance management and disciplinary action This confusion is based on an historical and outdated concept. It’s what I call the ‘old paradigm’ of performance management. Performance management is the management of performance or behaviour. This should be happening on an ongoing, informal and daily basis as manager’s work alongside their staff. […]

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Do your due diligence and limit your organisation’s liability for Workers’ Compensation claims

Does your organisation require a successful job applicant to attend a medical before starting on the job? Does your organisation ask the successful job applicant to complete a written or electronic survey in which one of the questions is, ‘Do you have any injury or illness that the organisation should know about and consider in […]

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What Is Genuine Redundancy?

Catherine Gillespie, Director of Workplace Conflict Resolution, and Martin Reid, Principal and Head of Litigation at Coulter Roache Lawyers, discuss what employers and managers need to understand about redundancy, particularly with respect to ‘genuine’ redundancy. Transcript Catherine:  Hi I’m Catherine Gillespie Director of Workplace Conflict Resolution and I’m speaking with Martin Reid, Principal and Head […]

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Before You Dismiss An Employee

Interview between Catherine Gillespie, Director of Workplace Conflict Resolution, and Martin Reid, Principal and Head of Litigation at Coulter Roache Lawyers, discussing protocols and legal considerations for employers in Australia considering dismissal of an employee. Transcript Catherine:  Hi I’m Catherine Gillespie Director of Workplace Conflict Resolution and I’m speaking with Martin Reid, Principal and Head […]

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