Posts Tagged ‘fair work commission’
What if an employee expresses their own personal opinion on mandatory vaccination, domestic violence and homosexuality which goes against the Employer’s values? (5 Key learnings)
Many organisations have particular values and public positions on social issues such as domestic violence, the black lives movement, #metoo campaign, sexuality, racism and vaccinations. You only have to take a quick glance at Facebook or other similar social media platforms to see that many people have very diverse and in some cases strong opinions…
Read MoreManaging Performance in the New World – 4 actions to take now?
Managing performance in the new world post pandemic and vaccination requirements will be a challenge. There is a lot of commentary about the “great resignation”, work from home flexibility, recruitment and retention. So when managing performance is raised in an organisation we need to look at it all from this context. The Context Performance management…
Read MorePerformance Improvement Plan is not workplace bullying says Fair Work Commission – 3 Reasons Why?
The issue of workplace bullying has become a prevalent situation in workplaces of late especially those dealing with: Under resourced workforces Hard to manage or underperforming staff Lack of new staff coming in (or difficulty recruiting more) Losing key personnel and those in management roles Challenges around vaccination requirements and Government health orders Restrictions around…
Read MoreMandatory Vaccinations means Mandatory Consultations – FWC decides in BHP full bench case
The Fair Work Commission Full Bench decision of Construction, Forestry, Maritime, Mining and Energy Union & Mr Matthew Howard v Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal [2021] FWCFB 6059 (BHP Case) saw BHP have their mandatory vaccination direction overturned by the Fair Work Commission. It is a significant decision in regard to how COVID-19 vaccine policies and directions should…
Read More4 of today’s Major Human Resources challenges for Employers
As we head into another new year the effects of COVID-19 on the workplace and in particular employment law has been widely felt. Even for those industries and companies who are seeing growth opportunities now, the initial impact had many in precarious and uncertain positions. The team at NB Lawyers – lawyers for employers assisted a number of Employers, Human Resources teams, People and…
Read MoreMisconduct, disciplinary processes and show cause…..4 Tips for HR and Employers to defend a dismissal claim
There is an air of inevitability for a number of HR and Employers having to deal with: directions not been followed, disciplinary action, testing of current policies and procedures dismissal claims Here are some tips to deal with these issues: TIP 1 – Exercise discretion in conducting a disciplinary process Employers and HR should…
Read MoreGenuine Redundancies? How to ensure a redundancy is done right. 3 Practical Tips for Employers.
NB Lawyers – Lawyers for Employers successfully defended an unfair dismissal application[2] (the Application) on behalf of one of our valued clients, the Lone Pine Koala Sanctuary. The operations of the Sanctuary, like many other businesses, were impacted by COVID-19. Specifically, the reduction in the number of tourists attending the Sanctuary required it to take certain steps…
Read More41 Counts of Adverse Action and 8,000 pages of documents – When a General Protections Application succeeds for mental and emotional distress
Sharing details of a complaint made by an employee or having a manager react to a complaint angrily is a recipe for disaster – the case of Lamont v University of Queensland (No 2) [2020] FCA 720 demonstrates this. It started when the applicant (an academic) made a complaint about a Professor due to their harassing…
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