Womble Bond Dickinson (UK) LLP’s Post

Two recent appeal decisions from the NSW Personal Injury Commission have highlighted the balancing of interests that an employer must aim for when handling workplace misconduct processes. The cases illustrate lessons of general relevance as to how to respond to serious allegations made against an employee and carry out workplace investigations that withstand legal scrutiny.   In this article, our Employment Relations and Safety team unpack each of the cases and discuss the issues that could arise in unfair dismissal proceedings challenging the fairness of a workplace investigation. Click here to read more: https://lnkd.in/gc9Ki_nA #mcr #workplacemisconduct #employment

Workplace misconduct and #grievances, once taboo, are now openly discussed in today's work culture. The organization proactively equips leaders, employees, and stakeholders with the necessary tools to address these issues. Regularly reviewing and updating our policies and protocols is a testament to our commitment to a fair and inclusive workplace. This course is not just timely; it's crucial. It underscores the significance of the forthcoming Workplace Fairness Law, which will soon be implemented. This new legislation is vital for ensuring equal treatment, preventing #discrimination, and promoting transparency within our workplace. Understanding this law and our roles in fostering an inclusive environment is not just important; it's integral. The course will outline practical steps for handling #misconduct, addressing grievances fairly, and ensuring compliance with the new regulations. #hrspecialist #businesspartnering #HRoperations #workplacefairness #hrbusinesspartner #employmentlaw #compliance #learninganddevelopment REL Alliance #singapore #employeerelations

With the Employment Relations (Trial Periods) Amendment Act 2023 now in force, it is timely to reflect on the consequences of 90 day trial period terminations.   In order to avoid mental harm to employees any termination of employment (including under a 90 day trial period) should be carried out with dignity and respect. The consequences of termination under a 90 day trial period are well-recorded. For instance, in 𝘒𝘪𝘮 𝘷 𝘑𝘚𝘠 𝘛𝘳𝘢𝘥𝘪𝘯𝘨 𝘓𝘵𝘥 [2022] NZERA 142, after being dismissed under a purported 90 day trial period the employee was left feeling “worthless, which led to hi[m] being depressed, suicidal, and reliant upon alcohol”. He had never been dismissed before including by text and the dismissal occurred after the employee had resigned from his previous employment.   The answer may be that such circumstances give rise to cover for work-related mental injury under s 21B of the Accident Compensation Act 2001. While the threshold for mental injury arising from a sudden event in that provision is high given the need for an event that could reasonably be expected to cause mental injury to people generally, an analogy can be drawn with the facts in 𝘗𝘩𝘪𝘭𝘭𝘪𝘱𝘴 𝘷 𝘈𝘤𝘤𝘪𝘥𝘦𝘯𝘵 𝘊𝘰𝘮𝘱𝘦𝘯𝘴𝘢𝘵𝘪𝘰𝘯 𝘊𝘰𝘳𝘱𝘰𝘳𝘢𝘵𝘪𝘰𝘯 [2022] NZACC 100 where an employee developed acute stress reaction; depression; and post traumatic symptoms as a result of a meeting held where she felt “ambushed and blindsided”.

NSW Commission Rules on Unfair Dismissal Case Involving Workplace Violence 🛑 The New South Wales Industrial Relations Commission recently ruled on a high-profile case concerning the dismissal of a council worker for violent conduct. The worker, employed since 2014 in resource recovery, contested his dismissal, claiming he was acting in self-defence and that his complaints about a colleague were mishandled by his employer. He further argued that his long service and the financial hardship following his dismissal made the decision harsh and unreasonable. ⚖️ The case revolved around two key incidents: an aggressive verbal altercation in July 2023 and a physical altercation in November 2023. The employer conducted an investigation, which included witness statements and CCTV footage, leading to the worker's termination in December 2023. The worker claimed the investigation was flawed, but the employer maintained it followed proper procedures and provided the worker with opportunities to respond. 📹 After reviewing the evidence, including CCTV footage, the Commission concluded that the worker had instigated the physical violence in November. It emphasised the seriousness of workplace violence and ruled that the employer's actions were justified, noting that procedural fairness was upheld throughout the investigation and dismissal process. 💼 While acknowledging the financial impact on the worker and his family, the Commission found that these economic factors did not outweigh the gravity of his misconduct. Ultimately, the application for unfair dismissal was dismissed, underscoring the importance of fair investigation processes and appropriate responses to workplace violence. #UnfairDismissal #WorkplaceViolence #IndustrialRelations #NSWCommission #EmploymentLaw #FairWork

Kate Peterson and James Lynagh of McCullough Robertson share their expertise on best practices for managing workplace misconduct. Their insights provide valuable guidance for addressing issues effectively and maintaining a fair work environment. Discover how their recommendations can help enhance your organisation's approach to misconduct. https://hubs.la/Q02JJ5850 #HRInsights #WorkplaceMisconduct #HRManagement #EmploymentLaw

#MentalHealth & formal HR process can be complex to navigate. On the mental health section of our resource hub our Employment Law team have answered some of the most frequent questions we receive in this area, kicking off with when an employee discloses a condition during the throws of a formal process. You can download the full FAQ's document on the hub (we've dropped the link in the comments below for you) or if you are looking for #EmploymentLaw support, don't hesitate to say hello to a member of the Vista team on LinkedIn too 👋 #EmploymentLawAdvice #HRSupport #HRCommunity

Even when there is a charge of murder - you can't skip a fair process! (This case also sheds some light on the BBC's approach in the Huw Edwards case.) In this case: “The tribunal accepted that this employer was right to be concerned about its reputation. But it leap-frogged over the usual procedure and, in doing so, failed to take all of the steps necessary to show that it had properly considered the risk: its investigation more or less ignored it and neither the disciplinary or appeal hearing addressed it." “Even where the risk is reasonably obvious, an employer needs to raise this with the employee and give them an opportunity to comment. It should also consider alternatives to dismissal and record why they aren’t appropriate.” #employmentlaw #employmenttribunal #hr #hrprocesses #hrconsultant #humanresources #smes #smallbusinesshr

A common misconception within the employer-employee relationship is that employees always have a right to be heard before the employer terminates for wilful misconduct. However, a recent decision from the Ontario Labour Relations Board serves as a reminder that the Employment Standards Act does not impose a duty of procedural fairness on the employer when the employee engages in wilful misconduct. To learn more, read the newsletter by Paul Farruggio.

A common misconception within the employer-employee relationship is that employees always have a right to be heard before the employer terminates for wilful misconduct. However, a recent decision from the Ontario Labour Relations Board serves as a reminder that the Employment Standards Act does not impose a duty of procedural fairness on the employer when the employee engages in wilful misconduct. To learn more, read the newsletter by Paul Farruggio.

📢 Can Employers Dismiss Employees for Criminal Behaviour? 🚨 👉 https://lnkd.in/eimbW9ZH Employers often face tough decisions when employees engage in criminal activities outside of work. Recent events, including the civil disorder across the UK and the arrest of former BBC newsreader Huw Edwards, have brought this issue into the spotlight. 🔍️ In this article, Employment Partner Michael Scutt delves into the legal complexities and challenges that employers encounter when considering the dismissal of employees for actions that could tarnish the company's reputation. He also discusses the potential to reclaim salary in cases of serious misconduct. 💼💸 Read more to understand your rights and responsibilities as an employer. #EmploymentLaw #Employment #Dismissal