main

Contact Details

Get your FREE eBook

10 Common Mistakes With HR Investigations

FWC gets gnarly with employer over sacking of web-surfing worker

FWC gets gnarly with employer over sacking of web-surfing worker
FWC gets gnarly with employer over sacking of web-surfing worker The Department of Defence found its workplace investigation of an IT worker and subsequent dismissal under fire from the Fair Work Commission.   Despite relatively serious allegations of excessive personal internet use in the workplace, when the employer’s HR investigation was put under the FWC’s microscope a number of fundamental flaws were exposed. An important lesson for any employer who wants to be able to stop employees whiling away their work hours surfing the internet. 
Continue Reading Published in General, News Centre, Social Media

Two social media dismissals, two different FWC outcomes – why?

Two social media dismissals, two different FWC outcomes - why?
Two social media dismissals, two different FWC outcomes - why? Social media misuse by employees continues to present unique challenges to employers. Two recent dismissal cases demonstrate the delicate balance between an employer’s right to control the out of hours use of social media by employees and the communications about work related matters by employees on social media that are regarded as truly private. Read on to understand the key differences between these two recent cases, and how their outcomes affect your next social media workplace investigation.
Continue Reading Published in News Centre, Social Media

Employee ‘de-linked’ over social media misconduct on LinkedIn

Employee "delinked" over misconduct on LinkedIn
Employee "delinked" over misconduct on LinkedIn Once again employee social media misconduct has been highlighted by the Fair Work Commission, this time involving LinkedIn. An employee with his own personal design business that was doing "work on the side", used LinkedIn to contact his employer's current and recent clients. Find out what happened and why controlling employee social media use is so important...
Continue Reading Published in News Centre, Other Misconduct, Social Media

Tweeting employee’s wings clipped by court

Tweeting employees wings clipped by court
tweeting-employees-wings-clipped-by-court Social media use is not without risk, particularly where the employee/employer relationship is concerned. Employees do not have open slather to say what they want about their employer especially online. However what one person may consider acceptable social media usage, another may not. Some employees even have a skewed notion that publishing personal opinions on social media is somehow constitutionally protected ‘free political speech’. Read on to find out what the court said about one employee’s twitter rants about her employer.
Continue Reading Published in News Centre, Other Misconduct, Social Media

HR investigation fail over employee’s info disclosure to media

A far cry from our recent ‘Bart Simpson’ “I didn’t do it” article, this employee admitted from the outset that the alleged misconduct had occurred. The employee’s inappropriate attempt to force senior management’s hand over unresolved workplace issues was a valid reason for the employee’s dismissal. However what should have been a textbook workplace investigation instead ended up in blunder and a successful unfair dismissal claim. Read on to find out why …
Continue Reading Published in News Centre, Other Misconduct, Social Media

Disciplinary action over employee’s social media misuse gets thumbs up by FWC

Social media misuse in the workplace is a hot topic for today’s employers and in many respects the law is still catching up with modern technology. Be that as it may, it is essential that employers have the right workplace policies in place so that employees are left in no doubt as to where their employer’s social media boundaries lie. In this article we profile how an employee discovered the pitfalls of workplace misconduct involving social media - the hard way. Read how the employer’s social media policy and watertight workplace investigation, overcame an employee’s dishonest denials about Facebook misuse and resulted in the employer's disciplinary action being upheld by the FWC.
Continue Reading Published in General, News Centre, Social Media

What are you investigating? Performance OR misconduct – it’s not as clear as you may think!

What are you investigating? Performance OR misconduct? Before commencing any workplace investigation, HR investigators must understand what they’re investigating. Is it unsatisfactory performance? Is it misconduct? Is it a combination? Employers who get it wrong may be vulnerable to an unfair dismissal finding if they’re sued. We highlight a recent dismissal case involving a child care centre that demonstrates the importance of knowing the difference between performance and conduct…
Continue Reading Published in Assault & Fighting, General, News Centre, Other Misconduct, Sexual Harassment, Social Media, Theft & Fraud, Workplace Bullying

‘Sound’ HR investigation into social media misconduct still leads to harsh dismissal determination

Comments by employees on social media, which are critical of their workplace and the actions of managers, readily draw the ire of employers. In hard-fought appeal case, Fair Work Australia refused to overturn a decision that an employee's dismissal was unfair, despite disagreeing that the offending comments about two managers had the "the flavour of a conversation in a pub or cafe". Read on to discover why the employer lost even though FWA accepted that the Facebook comments were “distasteful” “uncomplimentary” and “disgusting” ...
Continue Reading Published in News Centre, Social Media

Investigating Social Media Misconduct – DOs & DON’Ts

The use (and misuse) of social media by employees is a contentious issue. Unfair dismissal claims where the cause of the dismissal was an employee’s use of social media are becoming more common. Many employees, through immaturity, ignorance or both, fail to realise that what they publish thorough social media is not private and could impact on their employment. It is important you understand these straightforward DOs and DON'Ts when it comes to your next inevitable social media misconduct investigation...
Continue Reading Published in News Centre, Social Media