On the couch
On the couch
BLOG
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.
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 […]
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 […]
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 […]
What you need to know about the Victorian Long Service Leave Act 2018
On 1 November 2018, some changes to the long service leave (LSL) provisions in Victoria will apply when the Long Service Leave Act 2018 (Vic) (the 2018 Act) comes into effect, replacing the Long Service Leave Act 1992 (Vic) (the 1992 Act). The changes are designed to provide greater flexibility in how long service leave […]
Unrepresented litigant to pay former employer’s costs
The Federal Circuit Court has ordered an unrepresented litigant pay $12,500 of his former employer’s legal costs, finding that although he did not run the case vexatiously, allegations unsupported by evidence rendered it “baseless and groundless”. Mr Somerville claimed AFS Security 24/7 Pty Ltd (trading as Armidale Fire & Safety) (AFS) took adverse action against […]
School’s leader criticised for nepotism
The Victorian Ombudsman, Ms Deborah Glass, has finalised her investigation into the leadership of a former high school principal. The investigation was a result of three protected disclosure complaints referred to the office by the Independent Broad-based Anti-corruption Commission (IBAC) under the Protected Disclosure Act 2012 (Vic). Ms Glass tabled her damning report on 12 […]
