Senior executive found to have not engaged in misconduct and awarded damages

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Written by Jennifer Sant | 31 October 2011

The NSW Supreme Court has found EDI wrongly dismissed its managing director on the grounds of misconduct and denied him a substantial bonus.

The company dismissed the managing director following a fall in profits of the company however later claimed that he had been dismissed due to alleged misconduct, based on evidence it had discovered after he left its employment.

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Retrenched executive is allowed to keep a “mistaken” redundancy payment

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Written by Jennifer Sant | 31 October 2011

A company which mistakenly paid its national operations manager a $27,000 severance payment, believing it was require do so under an award, has failed in its attempt to recoup the money.

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Identifying a Workplace Bully

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Written by Jennifer Sant | 31 October 2011

It has been estimated that one in thirty people, both male and female, is a bully. Whilst the term “bully” can cover a number of different personality disorders, there are a number of behavioural traits which are said to be common to the workplace bully. As well as looking at these behaviour traits, we will also discuss whether there are ways to avoid recruiting bullies into your organization.

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Employee dismissed while absent from work because of illness fails in adverse action claim

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Written by Jennifer Sant | 31 October 2011

The Federal Court of Australia has dismissed an adverse action claim on appeal (Khiani v Australian Bureau of Statistics [2011] DCAFC 109), finding that the fact that there was a temporal connection between the taking of leave by an employee and the taking of disciplinary action against the employee did not necessarily mean that there was a causal connection.

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Adverse action - Warning for employers to document disciplinary action in writing

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Written by Jennifer Sant | 05 September 2011

The recent case of Bayford v MAXXIA Pty Ltd [2011] GMCA 202 demonstrates the broad application of the adverse action provisions of the Fair Work Act 2009 and the importance of employers documenting their reasons for any disciplinary action.

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