misconduct Archives - MDC Legal

social media for employees

High Court Rules on Social Media and Free Speach

Posted by | misconduct, Performance Management & Misconduct Investigations, polices and procedures | No Comments

By Mark Cox, Director and Madeleine Brown, Associate

High Court rules in favour of employer in social media freedom of political communication case

Comcare v Banerji [2019] HCA 23

A public servant sacked for publishing 1000’s of anonymous tweets criticising her employer has failed in her bid to challenge her dismissal as a breach of the implied freedom of political communication. Read More

filing a cross claim

Employee claimants can face cross claims

Posted by | Articles, Contracts, misconduct, Performance Management & Misconduct Investigations | No Comments

By Mark Cox, Director and Lauren Wright, Law Graduate

Employers successfully making cross claims against former employees

In a recent trend, employers are successfully filing cross claims against employees after the employee has commenced claims against the employer. Two recent Federal cases highlight that employers need to issue cross claims in a timely manner, and that employees need to be aware of the significant financial risks that they could be exposed to if their employer pursues a cross claim against them. Read More

When to Deal with Misconduct During the Festive Season

Posted by | Articles, HR Advice & Support, misconduct | No Comments

Misconduct in the workplace can be a tricky matter for employers to deal with, which is often made more difficult due to Christmas shut downs and staff annual leave. There are 5 steps that an employer should consider when investigating misconduct and deciding to take disciplinary action to mitigate the risk that an employee (either the person alleged to have engaged in misconduct, or the person on the receiving end of that conduct) will mount legal claims.

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