It is often said that “you get what you tolerate” and this is particularly so when it comes to workplace conduct and behaviour. In this month’s edition of Conversations we look at unacceptable workplace behaviour and how employers should manage and respond to such behaviour.
We also observe what employers can learn from some recent case law around employee dismissals involving WHS, union activity and an interesting decision where an employee was reinstated following his dismissal.
As always we hope this edition of Conversations prompts some interesting conversations amongst your HR and Management teams.
“Oh Behave! : What is a workplace Code of Conduct?”
Google’s much-publicised decision to dismiss an employee in America who wrote an internal memo to all staff criticising the tech company’s diversity policies has highlighted the necessity of a workplace Code of Conduct.
Better safe than sorry – Best practice for dealing with poor performance issues
Employee performance management can be difficult for employers to navigate particularly when it leads to disciplinary action. It is vital employers carefully plan and fairly execute performance management and disciplinary action in order to minimise the risk of litigation such as unfair dismissal claims.
“WCI: NSW – Workplace Conduct Investigation”
In Shakir v Department of Family and Community Services [2017] NSWIRComm 1040, Commissioner Newall upheld the dismissal of an employee but criticised the employer for relying on conclusions made in an investigation report that were factually wrong.
Clocked-off but carrying on: Employee dismissed for out of hours conduct
Thankfully, most employers will never have to concern themselves with disciplining employees for their out of hours conduct, but on occasion an employee’s conduct after business hours and away from work can be so damaging or dangerous that an employer will have little option but to get involved.
Wash your mouth out! – Bad and threatening language in the workplace
We all know that bad language in the workplace is unacceptable, but employers seeking to dismiss employees as the result of outbursts of profanity must still take the time to properly execute the termination process or risk adverse findings from the Commission.
A diamond (miner) in the rough – Mining employee validly dismissed for incident management breaches
The significance of employers enforcing health and safety policies and procedures in the workplace was recently confirmed by a decision of the Fair Work Commission (FWC) in which an employee’s breaches of an incident management procedure provided a valid reason for the termination of his employment (Edgar v SMS Operations Pty Ltd T/A Swick Mining Services [2017] FWC 3826).
The one that got away: Correctional services officer reinstated following inmate escape
In a recent decision of the NSW Industrial Relations Commissions (NSW IRC), a senior corrective services officer was reinstated following his dismissal for involvement in an incident which lead to the escape of a maximum security inmate (Collins v Industrial Relations Secretary on behalf of the Department of Justice (Corrective Services NSW) [2017] NSWIRComm 1051).
Bullying complaints can often be difficult to manage and investigate, particularly when they involve allegations about the exercise of a workplace right to join or not join a union.
If there is a particular topic you would like covered we would love to hear from you so please email us at sydney@workplacelaw.com.au
Speaking to Emma Koehn, Athena Koelmeyer, Managing Director at Workplace Law, explains that there are several things employers must keep in mind before dismissing a staff member for their personal views on political issues, including what is outlined in the business’ social media policy.
Workplace Law’s Managing Director, Athena Koelmeyer, reminds businesses to keep communications and reasoning clear when undertaking any processes that could result in dismissal of staff in this article by Smart Company.
Q: Why did the coffee file a police report?
A: It got mugged.
Should you require any further information or assistance, please contact our Director Shane Koelmeyer on (02) 9256 7500 or via email on sydney@workplacelaw.com.au.
Information provided in this update is not legal advice and should not be relied upon as such. Workplace Law does not accept liability for any loss or damage arising from reliance on the content of this update, or from links on this website to any external website. Where applicable, liability is limited by a scheme approved under Professional Standards Legislation.
