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.
Duty of Care Archives - MDC Legal
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.
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.
When organising your office party this year, there are a few things to be mindful of. Your duty of care as an employer extends to the actions of your employees at a work-sponsored event, even if it held off-site or outside of office hours.
Ensuring a safe, fun and professional event requires ensuring responsible behaviour compliant with occupational health and safety standards and avoiding employees experiencing sexual harassment, discrimination, bullying or other inappropriate treatment.
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.