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Employee tweets about the workplace after hours – what can you do?

Case: Social media use after hours An employee of the Department of Immigration and Citizenship applied to the court for an interlocutory injunction to prevent adverse action by her employer, who she believed was planning to terminate her employment. The employee used a Twitter account under a pseudonym to express her criticisms of government and […]

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Corporate Inquisition: Proportionality and Fairness Key for Workplace Investigations into Misconduct

  It is well accepted that sexual harassment in the workplace is contrary to the law and allegations should be taken seriously and addressed appropriately and proportionately. Importantly, investigations into allegations of sexual harassment must be undertaken in accordance with Company policy and must ensure procedural fairness to both the victim and alleged perpetrator. These […]

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Under Pressure: Employer liable for psychological condition caused by high workload

Employers are required to take all reasonable steps to provide a safe workplace, and it is generally accepted that this duty can extend to preventing the risk of psychological harm caused by stress. However, employees often encounter difficulties when making claims in ‘overwork’ scenarios, particularly where they have agreed in their contracts to perform the […]

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Violence and threats of violence are unacceptable in the workplace

A recent Fair Work Commission decision held that an employer had a valid reason to dismiss an employee who created an unsafe work environment by threatening his colleague with violence. Maile v Inception WA Pty Ltd as trustee of the Araminta Trust T/A Jackson Asphalt [2016] FWC 6176 A foreman, who was a supervisor on […]

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