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Duty of Care Archives - MDC Legal

When to Deal with Misconduct During the Festive Season

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

By Mark Cox, Director & Miette Xamon, Law Clerk 

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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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

By Nikita Barsby, Special Counsel and Renae Harg, Senior Associate

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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Managing the workplace Christmas party aftermath

Posted by | Christmas party, complaince, disciplinary action, HR Advice & Support, leave entitlements, out of hours behaviour, Performance Management & Misconduct Investigations, workplace investigations | No Comments

By Nikita Barsby, Special Counsel and Madeleine Brown, Associate 

Even the most well managed work Christmas parties sometimes don’t go to plan. We highlight below how to deal with the aftermath if things go wrong.

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Say what? Navigating Unlawful Interview Questions

Posted by | Articles, Discrimination & Bullying, HR Advice & Support | No Comments

By Nikita Barsby, Special Counsel and Lauren Wright, Lawyer

An interview provides an employer with an opportunity to get to know prospective employees and assess their suitability for employment. Often, there are many questions an employer wants to ask a prospective employee – however care should be taken to avoid questions which can later be relied on by the interviewee to mount legal claims.

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Cutting Costs Can Cost You More: The Cautionary Tale of Roussety v Castricum Brothers

Posted by | Articles, HR Advice & Support, Training & Compliance | No Comments

By Ruth Collins, Lawyer 

In the recent case of Joseph Roussety v Castricum Brothers Pty Ltd the Supreme Court of Victoria was called upon to consider an employee’s negligence claim for overwork causing psychiatric injury. This case serves as a salient reminder that an employer owes a duty to take reasonable care to avoid any foreseeable risk of injury arising from an employee’s circumstances of employment. In particular, it warns of the dangers of cost cutting without having regard to the effect on existing employees.

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