Posts: misconduct

E-updates, blog articles, events, press articles and success stories about

misconduct

Fair Work Commission upholds dismissal of an employee who misused a company coffee account

Caffeine Hit

Financial misconduct committed by an employee can fundamentally damage the trust and confidence in an employment relationship. Unfortunately, financial misconduct is a common issue for Australian businesses and if it is not dealt with promptly and effectively, there is an opportunity for further misadventure.

Read more...

Employer ordered to pay maximum compensation following “entirely unjust” disciplinary process

Knives Out

The Fair Work Act 2009 (Cth) (FW Act) requires that employers comply with a number of procedural elements in a disciplinary process prior to making a decision about whether an employee’s conduct or behaviour warrants disciplinary action.

Read more...

FWC upholds dismissal of an employee who repeatedly and deliberately accessed customer’s confidential information without authorisation

Celebrity search

During the course of their employment, employees may have access to confidential information which belongs to their employer. This information may be in the form of personal information provided by customers and is therefore sensitive in nature.

Read more...

Fair Work Commission critical of investigation process despite the employer’s valid reason for dismissal

Less is more

Employers often see the disciplinary process as an opportunity to raise every single indiscretion by an employee – even though the issues occurred in the past or are minor in nature when compared to other misconduct. However, this approach can weaken the employer’s position, rather than strengthen the decision to dismiss.

Read more...

Key Takeaways from our Webinar

Managing Workplace Behaviour: "You Get What You Tolerate"

In our August webinar, our Managing Director and Principal, Athena Koelmeyer, discussed the challenges faced by modern employers when managing workplace behaviour. In that webinar, Athena examined a number of recent unfair dismissal decisions of the Fair Work Commission which provide some good guidance for employers.

Read more...

FWC upholds safety-related dismissal of employee given multiple chances

Patience, you must have

The Fair Work Commission’s recent decision in Hafsteins v Correct Installs Pty Ltd [2020] FWC 2729 has showcased a “patient” employer’s handling of an employee’s numerous workplace health and safety breaches.

Read more...

Key takeaways from our webinar ‘Managing Workplace Behaviour’

The Standard is the Standard

Workplace Law’s managing director, Athena Koelmeyer, recently presented our webinar entitled ‘Managing Workplace Behaviour’ during which she discussed many of the challenges faced by employers when it comes to managing workplace behaviour.

Read more...

FWC warns of abuse of stop bullying jurisdiction

The Stalking Horse

It has unfortunately become a common occurrence for employees who are subject to management action to immediately seek redress by filing a claim against their employer (or other employees) alleging things such as adverse action, discrimination or bullying.

Read more...