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ALERT: The right place at the right time: FWC effectively injuncts employer from sacking a worker who made an anti-bullying application

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In a first of its kind decision in the Fair Work Commission’s (FWC) anti-bullying jurisdiction, the FWC has issued an Interim Order preventing an employer from finalising disciplinary proceedings against, and terminating the employment of, a senior executive pending the outcome of her substantive anti-bullying application. Lauren Townsend examines the decision and what this means for […]

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ALERT: Post employment termination restraints – enforceability where termination occurs by reason of Employer’s repudiatory conduct

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A very recent decision of McDonald J in the Victorian Supreme Court (Crowe Horwath (Aust) Pty Ltd v Loone [2017] VSC 163, 4 April 2017) deserves the attention of anyone who deals with issues relating to post termination restraints in employment, whether that be in the formulation of contractual clauses on that subject, or the […]

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Important Full Federal Court Decision: Directions to Attend Medical Examinations and Self-Incrimination Privilege

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By Angus Mackenzie, Lawyer It is broadly accepted that an employer can direct an employee to attend medical examinations and to answer questions as part of workplace investigations, so long as the direction is lawful and reasonable. Indeed, the idea that an employee can refuse to respond to his or her employer’s reasonable requests for information […]

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Enterprise Agreement Approval Requirements – Developments in the Tangled Thicket

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What Employers Need to Know By Lauren Townsend, Special Counsel The requirements that have to be met to achieve approval of an enterprise agreement from the Fair Work Commission (FWC) are many.  2016 and the early months of 2017 have seen a number of developments in this area, and they have brought into high relief […]

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Workplace Investigations: Why Do You Need a Workplace Specialist?

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By Angus Mackenzie There is a large and growing market for employers seeking external providers of workplace investigations. Unlike in other jurisdictions, the market for providers of workplace investigations is not regulated in Australia. As a consequence, these services are provided by variously skilled persons, including criminal lawyers, generalist lawyers, HR consultants, former police officers […]

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Commission Dispute Settlement: Federal Court Challenges Not Available?

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Wait A Minute Blog Series By Bryan Mueller, Director Workplace Litigation Commission Dispute Settlement: Federal Court Challenges Not Available? Wait a minute: Are you saying that no matter how far wrong the Commission goes in giving an arbitrated decision under enterprise agreement dispute settlement provisions, the Commission’s decision can’t be challenged anywhere? Is that really […]

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Trust and confidence – Where does that concept fit into the general employment law and unfair dismissal?

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Aitken v CUB Pty Ltd [2016] FWC 2668 (Aitken decision) In its letter dismissing its employee, the employer concerned in the Aitken decision, described the conduct upon which it relied to justify its dismissal decision ‘as inconsistent with the trust and confidence required in the relationship’.  Also in defending the dismissal in unfair dismissal proceedings […]

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Bartlett Workplace launches its new premises and Workplace 360

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On Tuesday 2 February 2016, Bartlett Workplace celebrated the launch of our new premises and training facilities at 41X and officially launched Workplace 360, our interactive platform for HR compliance products and forums dedicated to HR and Workplace professionals. At Bartlett Workplace, we offer a one-stop shop for workplace legal and HR advisory services and […]

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Workplace Management Curve Ball No. 3: The employee will only meet with you if they bring their spouse with them

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An employee may throw you a curve ball by telling you that they will not meet with you unless they are able to bring their spouse with them as a support person. While the employee is able to request that they bring a support person along to a disciplinary meeting with management, workplace issues may intensify […]

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