Below is a link to a recent decision involving the damages awarded against an organisation for the wrongful sacking of an employee. While, in a general sense, termination of employment is not unusual, the reasons why the employee in this matter, was successful are somewhat unusual, but becoming the norm.
While not going into lengthy detail, this is becoming a common question many organisations are confronted with; how much control have I a got over an employee. This question may concern the employee posting material on social media, it may concern the employee providing an opinion in a public nature or it may concern the employee’s actions outside of the workplace, but potentially connecting the workplace.
As employers you need to be very careful, there are strict obligations preventing any form of action against or toward an employee, even if the employer consider’s the employees actions ‘not be in the interests of your business’. As an employer you should note, action can also include what you have stated in codes of conduct and or policy, therefore; potential action toward an employee.
Following on from this decision and similar decisions, we would advise all employers to review policy and process. Specifically; investigate if your policies, as they read, have your organisation breaching legislation concerning discrimination and or employment. Certain terms or words or even the policies intention, may cause concerns in light of recent decisions.
In addition; ensure your management staff are aware of these recent decisions, and seek advise before you act.
If you have any questions, please do not hesitate to contact me.
Lawyer & Consultant - BLAX Group
Brett is a multi-skilled practitioner within the fields of Industrial Relations, Employee Relations, Equal Opportunity, Labour Management, OHS and WorkCover. Brett is a Certified and Registered Mediator and an Australian Lawyer.
Brett works with clients in Australia and abroad, providing expertise in labour management, with over 15 years’ experience in Workplace and Industrial Relations.
Early exposure to HR, fueled a keen interest in the areas of Industrial, Workplace and Employee Relations, Workers Compensation and OHS.
Time in the sector has seen Brett work across a wide selection of industries and gain a great deal of experience and knowledge. Brett also has developed long term relationships with clients which he credits his personality, professionalism and ability to deliver.
Brett has a keen interest in building business within the global market which leads him to participate on a number of committees and interest groups and is currently studying to further his knowledge and qualifications in regards to labour management on an international scale. Brett is about business.
Brett believes in business and often provides his time, pro bono, to presentations and panels, where business owners and employees can participate and develop their knowledge in in the world of labour management.
Brett currently operates his own business providing Labour management solutions for clients . Brett’s business, Blax Group, has gone from strength to strength, growing and expanding each year. Brett also works as a lawyer, for a firm specialising in employment and corporate law.
Brett’s background and education provides clients with a practical person who is qualified to handle any human resources issue they may have.