In previous articles we have spoken
about the anti-bullying jurisdiction that was conferred on the Fair Work
Commission with effect from 1 January 2014, and who can take advantage of it.
On 6 March 2014 the Full Bench of
the Commission decided that behaviour that occurred before 1 January 2014 can
be used as the basis to apply for a stop bullying order: Application by Kathleen McInnes [2014] FWCFB 1440.
Ms McInnes filed an application...
Tuesday, 25 March 2014
Wednesday, 12 March 2014
Workplace bullying: the new jurisdiction
Since 1 January 2014 workers who
believe they have been bullied may apply to the Fair Work Commission for an
order to stop the bullying. A worker
includes an employee, a contractor or sub-contractor an outworker, an
apprentice or trainee, a student gaining work experience or a volunteer.
The definition of bullying is wide
and includes either an individual or a group of individuals who have been
subjected to repeated, unreasonable...
Social media: use at your own risk
Following from my previous article
on social media and how their use can affect ongoing employment I want to bring
to your attention the recent case of Wilkinson-Reed
v Launtoy Pty Ltd [2014] FWC 644.
Ms Wilkinson-Reed was the HR
manager at the Launceston Toyota, a position she had held for 18 years at the
time of her dismissal.
She was friends with the wife of
the current dealer principal.
The dealer principal...
Monday, 3 March 2014
Fair Work Commission upholds termination based on medium to high levels of cannabis use
A Woolworths subsidiary, Woolstar, regularly conducts
on-site drug and alcohol testing of its employees.
It terminated the employment of a storeperson
based solely on his testing positive for medium to high levels of
cannabis. Woolstar.
The Fair Work Commission (FWC) held in its
decision of 18 February 2014 that this factor alone represented "serious
misconduct" that would justify dismissal.
Notably, however,...
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