Conducting Investigations of Reportable Incidents for NDIS Providers: A Detailed Guide
This article aims to provide a comprehensive overview of how NDIS providers can effectively conduct investigations into reportable incidents. It also covers post-investigation requirements and highlights situations where external investigators are necessary.
Supermarket fires employee for refusing to remove eyebrow ring.
This case which was heard in the Australian Industrial Relations Commission underscores the tension between personal expression and workplace policies, especially in environments where public health and safety are particularly important. It also examines the legal requirements for an enforceable lawful direction.
Does your organisation need a cultural review?
One of the most significant challenges in addressing bullying and harassment is creating an environment where employees feel safe to come forward with their experiences. Fear of retaliation or disbelief can often prevent victims and witnesses from speaking out.
Employee dismissed for taking the COVID 19 vaccine
Although many employees were dismissed for refusing to take the Covid 19 vaccine, in this case the employee was dismissed because they did take the vaccine.
5 things you need to know about the Right to Disconnect
The Fair Work Commission found an employee's termination for allegedly sleeping on the job unfair due to deficiencies in the workplace investigation.
An employee was awarded $32,000 in an unfair dismissal case despite the FWC finding that the employer had "multiple valid reasons" for dismissal.
The Fair Work Commission found an employee's termination for allegedly sleeping on the job unfair due to deficiencies in the workplace investigation.
The Fair Work Commission found an employee's termination for allegedly sleeping on the job unfair due to deficiencies in the workplace investigation.
The Fair Work Commission found an employee's termination for allegedly sleeping on the job unfair due to deficiencies in the workplace investigation.
3 things to know about unfair dismissal
A decision does not have to be harsh, unjust and unreasonable, it only has to be one of the three to be considered “unfair”.
Harsh - A decision to terminate could be considered “harsh” because of the consequences for the employee of being dismissed, for example if the employee was to suffer a significantly adverse economic or personal consequence as a result of the dismissal. A decision to terminate may also be considered harsh if the decision to terminate was considered to be disproportionate to the misconduct.
Unjust - An example of an “unjust” dismissal would be if the evidence showed that the employee was not guilty of the conduct they were accused of.
Unreasonable - An example of an “unreasonable” dismissal would be that the evidence used in the investigation was insufficient to substantiate a finding on the balance of probabilities and did not support the decision to terminate.
