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We have a very comfortable virtual couch at Justitia, which is where we have our best discussions. This is what we’re talking about at the moment.

‘Tis the Season

Posted by Dec 12, 2019

It is the that time of year again when organisations send out their reminders to managers and staff (sometimes separately) about the expectations of appropriate behaviour at work related Christmas parties and events.  Occasions when, inevitably, there is someone who becomes just that little bit too relaxed and perhaps even uninhibited, under the spell of […]

Face-to-face training in the age of #MeToo – a luxury or an opportunity?

Posted by May 28, 2019

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 […]

When domestic violence affects the workplace

Posted by Feb 18, 2019

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 […]

Sexual harassment: more work to be done

Posted by Oct 17, 2018

Sexual harassment has been in the spotlight more intensively than many of us can remember. A year ago, the New York Times and the New Yorker laid bare multiple accounts of alleged sexual harassment by Harvey Weinstein of his staff and colleagues.  No one could have predicted that a flood of 83 people would step […]

Chairman Breaches Bullying Laws

Posted by Aug 8, 2018

In a recent Fair Work Commission (FWC) decision (Application by Ms A) involving a “stop the bullying” application, the chair of a body corporate committee was found to have bullied Ms A, the co-director of a company that had been contracted to provide property management services. This case demonstrates how the reach of the Fair […]

Family and Domestic Violence Leave – A New Modern Award

Posted by Jun 22, 2018

As part of the Fair Work Commission’s four year review of modern awards, the Full Bench has determined that Australian employees covered by a modern award and experiencing family and domestic violence should be entitled to five days of unpaid leave. The Commission was satisfied that their decision was a “cautious and regulatory response to this […]

Stop bullying orders – an injunctive measure for disciplinary processes?

Posted by May 23, 2017

The interaction between disciplinary processes and allegations of bullying is a difficult issue for many organisations. We often hear of employees making complaints of bullying or discrimination whilst they are subject to an investigation, performance management or some other disciplinary process. The disciplinary or performance management process – provided it is properly instituted – generally […]