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Serious misconduct includes recording workplace conversations and not following Covid-19 Mandates

The compulsory vaccination for healthcare workers was a government mandate introduced to combat Covid-19 throughout Australia. The legal decision of Barbara Roman v Mercy Hospitals Victoria Ltd [2022] FWC 711 provides a recent and clear finding by the Fair Work Commission on the enforceability of these mandates AND on the recording of workplace conversations. In … Read more

Employer receives significant fines for sexual harassment & discrimination

Ms Golding, the Complainant, commenced work at The LaundryChute Pty Ltd on June 2017 where Mr Sippel, the Respondent, was both the manager and owner of the business. Ms Golding is a single mother, financially responsible for her four children. Originally from the Philippines, Ms Golding spoke English as a second language. Ms Golding and … Read more

Internal Employee Recruitment – My boss rejected my request to fill a higher position I’ve been relieving – What options do I have?

In Scott v State of Queensland, the Queensland Industrial Relations Commission ruled in favour of a government employee who’d been rejected for an internal role. Since the appointment was not done in accordance with the Public Service Act 2008 (‘PSA’), it was not deemed fair and reasonable.   This case highlights the importance of employers following … Read more

Working from Home – Employer Obligations in a Post Covid World

Due to the ongoing lockdowns and safety measures to reduce the spread of the virus, hybrid workplaces have become commonplace in this Covid-19 era. The Covid-19 pandemic has irrevocably impacted and changed the work landscape and the alternative working arrangements have indicated that many workplaces can effectively implement alternative work options. Working from home (WFH) … Read more

I accidentally ran over my bosses bird – Is this grounds for termination?

The recent 2022 Fair Work Commission decision of Blake O’Keefe v The Trustee For Dunshea Family Trust [2022] FWC 74 provides an interesting case study of unfair dismissal by a Bundaberg Fencing business. In its decision, the Commission concluded that the employee, Blake O Keefe, was unfairly dismissed for accidentally running over his bosses beloved … Read more

Is terminating unvaccinated employees an unfair dismissal?

The interesting case of Aucamp v Association for Christian Senior Citizens Homes Inc [2021] on unvaccinated employees and public health orders The mandatory public health directions regarding COVID-19 vaccination across Australia have left many employers in difficult positions with regards to the ongoing employment of staff members who are unable or unwilling to comply with … Read more

Religious Discrimination Bill

The Commonwealth and State governments have legislation in place which prohibits discriminating individuals on the basis of sex, gender, race and disability, but what about religion? Under the Anti-Discrimination Act 1991 (Qld) ‘unlawful discrimination’ will occur if an individual is treated less favourably because of an ‘attribute’. Religion has been considered to fall under the … Read more

What are the Privacy Laws for Employment Verification?

When applying for a new position, a potential employer will want to verify a candidate’s credentials. Falsifying information is not uncommon and this process ensures employers are hiring candidates with bona fide experience.   According to the Future of Work 2021 Special Report “employers reported that 66% ‘exaggerate skill level’ on their resume “  These statistics combined with the growing job seeking population demonstrate the value … Read more