Performance Management & Misconduct Investigations Archives - MDC Legal

whistleblower protection

Whistleblower Protection Changes – Update Your Policy Now

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

By Renae Harg, Senior Associate

Australia amends whistleblower protection laws

New laws providing greater protection for whistleblowers were passed through federal parliament and take effect on 1 July 2019. The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) (Whistleblower Act) was introduced to provide for a single, strengthened whistleblower regime to cover the corporate, financial and credit sectors. Read More

Long Christmas lunches and excessive online shopping: Tips for employers

Posted by | disciplinary action, disciplinary policies, HR Advice & Support, Performance Management & Misconduct Investigations | No Comments

Some employees may see the Christmas period as an opportunity to focus more on festive season activities and less on work. Employees may spend excessive time away from the office, having lunch or Christmas shopping. Other employees may spend excessive time online, shopping for Christmas presents or planning Christmas activities, or excessive time decorating the office. These types of behaviours can be difficult for employers to manage, without appearing Grinch-like and while still ensuring staff morale remains positive over the busy Christmas period. 

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Party Planning What to do before the Christmas Party

Posted by | Articles, HR Advice & Support, Performance Management & Misconduct Investigations, sexual harassment, Terminations, Unfair Dismissals & Adverse Action, Work Christmas party | No Comments

As we rapidly approach the end of the year, the office Christmas party can be cause for concern for many employers. There are two key issues that employers should turn their mind to when planning their staff Christmas party.

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External advisers and HR managers accessorily liable for breaches of the Fair Work Act as penalties for breaches intensify on small businesses

Posted by | HR Advice & Support, Industrial Relations, Performance Management & Misconduct Investigations | No Comments

In a recent decision of the Federal Circuit Court an external accountant who advised a business on its employee arrangements was held liable under the accessorial provisions of the Fair Work Act. This decision is a red flag to external advisors who are closely involved with HR, payroll and employee entitlements of employer businesses.

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Performance and Conduct Issues for Employees Raising Mental Illness

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Around 45% of Australians aged between 16 and 85 will experience a mental illness in their lifetime, and 1 in 5 Australian adults will experience a mental illness in any given year.[1]  Therefore, it is very likely that from time to time an employer will need to performance manage an employee who is experiencing a mental illness.

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Lying and theft justifies termination of flight attendant

Posted by | Articles, Performance Management & Misconduct Investigations, Terminations, Unfair Dismissals & Adverse Action | No Comments

Qantas has succeeded in its appeal to undo the unfair dismissal finding for a flight attendant who stole alcohol and lied during the investigation. The FWC Full bench overturned the ruling of unfair dismissal in Qantas Airways Limited v David Dawson [2017] FWCFB 41, finding that Deputy President Lawrence had failed to take into account the Qantas employee’s dishonesty during the investigation into allegations of theft.

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Employer Hotel Fined For Caretaker Sexually Assaulting Young Employee

Posted by | Articles, Discrimination & Bullying, Performance Management & Misconduct Investigations | No Comments

A female hotel employee in Queensland has been awarded $313,000 in damages for sexual harassment and assault she was subjected to in her bed by the hotel caretaker. The case rings a warning to employers that they need to take reasonable steps to prevent employees engaging in or being exposed to such conduct.

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