On the couch
On the couch
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We have a very comfortable couch at Justitia, which is where we have our best discussions. This is what we’re talking about at the moment.
Accommodating cultural diversity during an investigation
Despite living in a multi-cultural society, we do not always adequately take stock of the impact of our customs and practices on those who were not raised in Australia, who may not have been raised in a first-world country, or who do not speak English as a first language. Grappling with bureaucratic and legalistic processes […]
Message received – FWC says text message dismissal was “unconscionably undignified”
Casual employment is a popular option for employers who want flexibility. However, employers should not assume that this flexibility allows them to dismiss casual employees without due process or consequence. In the recent decision of Kurt Wallace v AFS Security 24/7 Pty Ltd, an employer was harshly criticised for summarily dismissing a casual security guard […]
Justitia Lawyers and Consultants Announces the Appointment of Two New Partners!
We are delighted to announce the appointment of two new partners at Justitia: Magda Marciniak and Melissa Scadden. The appointments will be effective from 1 July 2019. Magda Marciniak advises clients primarily in local government and State government agencies and has worked with them for many years, forging strong and supportive client/advisor relationships. Magda leads […]
Does an employer have to give a reason when terminating employment during the probationary period?
The Federal Circuit Court, in the recent penalty decision of Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd (No. 2) [2019] FCCA 1295, ordered the employer to pay a penalty of $20,000 after it dismissed a probationary employee for a prohibited reason. The penalty was additional to the approximately $10,000 that was awarded in […]
Face-to-face training in the age of #MeToo – a luxury or an opportunity?
Earlier this year, the International Bar Association and the Women Lawyers Association of NSW made a joint submission to the Australian Human Rights Commission’s National Inquiry into Sexual Harassment in Australian Workplaces (the Inquiry). The submission made for a sober read. It is a reminder that the legal profession – like many other professions and […]
Performance management and receiving feedback – what does it trigger in you?
A few weeks ago I was invited to speak at a conference on the topic of performance management. My first thought was “great!” – it’s a topic I have spoken on many times before, so I was fairly confident I could revamp something without too much effort. Yet as the conference approached and my enthusiasm […]
New WorkSafe (Vic) Info Sheet on family violence
WorkSafe Victoria have issued a new Information Sheet for employers called “Addressing Family Violence in the Workplace” (January 2018). It reminds us of the important role that workplaces can play in preventing and responding to family violence by providing a safe and supportive working environment for all employees. The information sheet aims to assist employers understand […]
Private Sector Whistleblowing Laws Finally Introduced
After a lengthy spell in parliament, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018 passed both Houses of Parliament on 19 February 2019. The policy reasons for these new laws are stated in the Explanatory Memorandum: Combating corporate crime is a longstanding law enforcement and public policy challenge. Corporate crime is estimated to cost […]
Looming election and Labor’s IR Policy Platform
With a Federal Election due to be held by May 2019, industrial relations is already shaping up as a key battleground for the major political parties. The Australian Labor Party (Labor) has announced several policies relating to employment and industrial relations in their 2018 draft National Policy Platform. In the event Labor are elected, the […]
When domestic violence affects the workplace
Employers can play an integral role in framing attitudes towards family and domestic violence. For example, Telstra’s pledge to eradicate family and domestic violence for its employees is enshrined in its Enterprise Agreement, providing 10 days paid leave to employees experiencing the effects of family violence. More broadly, Telstra are White Ribbon Ambassadors and as […]
