Misconduct investigations 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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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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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

By MDC Legal

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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An interesting development in the Fair Work Commission’s Stop Bullying Jurisdiction

Posted by | Articles, Discrimination & Bullying, Terminations, Unfair Dismissals & Adverse Action | No Comments

By Conor Fahey, Lawyer

In perhaps the most interesting development to date since the commencement of the Fair Work Commission’s (FWC) anti-bullying powers, Commissioner Hampton, the Panel Head of the FWC’s anti-bullying jurisdiction, has issued an interim order to restrain an employer from dismissing an employee for alleged misconduct until the tribunal determines the employee’s anti-bullying application.

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Employer Hotel Fined For Caretaker Sexually Assaulting Young Employee

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

By MDC Legal

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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