Posts Tagged ‘workplace conflict’
Workplace Relationships and Affairs – Is Power Imbalance enough to terminate? 6 key points Employers need to know
Dr. Scott Morrison (Not to be confused with the Australian Prime Minister) lodged an application for unfair dismissal with the Fair Work Commission (FWC) after his employer, Australian National University (ANU) terminated him from his position as Associate Professor in the Mathematical Sciences Institute. Circumstances of the Termination – the case of Scott Morrison v…
Read MoreDisrespectful and aggressive conduct on the Manufacturing Factory Floor outweighs 37 years of exceptional service – 3 Reasons why the Fair Work Commission agreed with the Employer
A manufacturing factory worker with 37 years of exceptional service (with only 1 warning) engaging in misconduct would maybe expect to be given some slack by the Fair Work Commission. However, most if not all manufacturing workplaces will not and cannot accept behaviour and conduct that is: Aggressive Disrespectful Abusive words Lack of contrition or…
Read More5 Key Risks all Advisors need to know about Termination of Employment
A number of consultants, advisors, accountants, bookkeepers and business coaches have asked us recently about termination of employment. In particular, what are some of the issues to understand so that Employer’s risk and liability can be mitigated and even dissipated. 1. Unfair Dismissal Risk For many advisors there is an understanding of unfair dismissal and…
Read MoreWhat is reasonable management action? It does not need to be perfect.
The rise of workplace bullying, unfair dismissal and general protections claims in the Fair Work Commission is not surprising considering the current economic and business climate. Managers and supervisors gaining an understanding of what is reasonable management action done in a reasonable way must be learned and trained – organisations and employers need to seriously…
Read More4 Major Steps an Employment Lawyer takes to Defend a Sexual Harassment claim for an Employer
With the backdrop of a number of sexual harassment claims currently in the news cycle and potentially plenty more. The issue of sexual harassment (and to some extent bullying) is prominent, a number of clients have sought our advice in defending their Directors, Executives, Managers and Supervisors and through vicarious liability the company against sexual…
Read MoreWhat should Employers do with “side-hustle” employees? 4 ways to defend the business
The phenomenon of employees taking on “side hustle” projects or secondary projects is nothing necessarily new. The increase in secondary employment and multiple/diversified income streams has also been given a boost with the onset of COVID-19. A number of Employers have taken to terminating the employment of employees due to secondary employment or side hustle…
Read MoreGeneral Protections Complaint – Huge future economic loss $Pay-out due to COVID-19
$664,601.38 payout! A staggering amount was awarded to an employee for breach of the General Protections – a substantial portion of this was assigned to the difficulty the applicant would have in obtaining employment in the current COVID-19, pandemic effected environment. TheFederal Circuit Court (FCC) has recently awarded an employee compensation to the tune of…
Read MoreConflict in the workplace and staff retention
NB Lawyers is seeing a general upward trend of employee resignations due to workplace conflict.NB Lawyers provides practical workplace relations and employment law legal advice to Employers. NB Lawyers Special Counsel, Jonathan Mamaril says that the trend can be mostly attributed to three issues:
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