Workplace Policies

Investigations and Procedural Fairness

Investigations and Procedural Fairness

Understanding how to separate past investigated misconduct matters from a current situation is crucial in ensuring natural justice is applied.The FWC upheld an unfair dismissal claim when a childcare organisation dismissed two employees following an investigation (in 2019) into misconduct. The reasons for dismissal justified using the outcome of an investigation conducted in 2018.As a […]

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Fixed-Term Contract Terminations – Fair Work Commission View

When Is A Fixed Term Contract Of Employment Not A Fixed Term Contract

Fixed-Term Contract Terminations – Fair Work Commission ViewA recent Fair Work Commission (FWC) determination (Nesci v The Playford Hotel – [2018] FWC 5777) should have many employers scurrying to review the fixed term contract of all employees. On 5 July 2017 Ms Nesci accepted a 12 month fixed term contract of employment which gave the start […]

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How to Manage Anonymous Workplace Complaints

How to Manage Anonymous Workplace Complaints

We’ve put some focus in recent months on workplace investigations through our series of videos outlining frequently asked questions on the subject. Today we’re covering a question that wasn’t covered in the series but which has arisen a few times and which we have had some success in addressing – How to manage anonymous workplace […]

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Guidelines for Conducting In-House Workplace Mediations

table and chairs

Just as a meeting agenda keeps a meeting on track, a mediation meeting framework ensures that all important steps are covered and important discussion items are raised and addressed. This framework can provide structure and confidence for a less experienced mediator. One of the most important tips I can offer you is not to rush […]

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Is ‘unfriending on Facebook’ a form of workplace bullying?

Unfriending on Facebook

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).Even such actions as unfriending on Facebook may be considered a contributor to a culture of […]

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Productivity Commission Draft Report: Workplace Relations

workplace relations framework document

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 Options

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 Due to Lack Of 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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5 Common Workplace Investigation Mistakes

woman investigating a co-worker

Commentary by Elisa Walerys, WPCR Employee Relations Specialist Workplace investigations require a thorough, unbiased and procedurally fair approach. There are common mistakes made during all phases of the investigation process that can put the integrity of the investigation at risk. #1 – Not being responsive Taking too long to respond to a complaint can lead […]

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