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Previous Fact Sheets 

“Tis the Season” – How to Avoid Workplace Liability at your Christmas Party (December 2011)

http://www.inv.net.au/newsletter/newsletter.php?edition=DecFactsheet2011

Recording Private Conversations in the Workplace (October 2011)

http://www.inv.com.au/newsletter/newsletter.php?edition=OctFactsheet2011

Workplace Cyber Bullying (July 2011)

http://www.inv.com.au/newsletter/newsletter.php?edition=FactheetJuly2011

Managing Workplace Conflict (February 2011)

http://www.inv.com.au/newsletter/newsletter.php?edition=FactheetFeb2011

Cyber Bullying in the Workplace (October 2010)

http://www.inv.com.au/newsletter/newsletter.php?edition=Oct-10

Sex Discrimination Act (Cth) 1984 - Amendments (July 2010)

http://www.inv.com.au/newsletter/newsletter.php?edition=Jul-10

Sexual Harassment - A Workplace Minefield (June 2010)
http://www.inv.com.au/newsletter/newsletter.php?edition=Sexual Harassment

Social Networking Sites - Dangers for Employees and Employers (April 2010)
http://www.inv.com.au/newsletter/newsletter.php?edition=Apr-10

Age Discrimination in the Workplace (March 2010) 

http://www.inv.com.au/newsletter/newsletter.php?edition=Mar-10

Seven Deadly Sins Committed by Employers - Workplace Investigations (February 2010)

http://www.inv.com.au/newsletter/newsletter.php?edition=Feb-10

Workplace Investigations - The Employee and the Employer (November 2009)

http://www.inv.com.au/newsletter/newsletter.php?edition=Nov-09

Employer Liability at Christmas Parties (October 2009)

http://www.inv.com.au/newsletter/newsletter.php?edition=Oct-09

Bullying in the Workplace (September 2009)

http://www.inv.com.au/newsletter/newsletter.php?edition=Sep-09

In the Courts

Facebook comments may justify dismissal

Fair Work Australia has held that an employee was unfairly dismissed for posting a negative comment about her employer on Facebook, but noted that such comments may constitute a valid reason for termination in some circumstances.

The employee, a hairdresser, posted a comment on her Facebook page after she received a smaller than expected Christmas bonus, did not receive her holiday pay entirely in cash, and received a warning about her punctuality: “Xmas ‘bonus’ along side a job warning, followed by no holiday pay!!! Whoooooo! The Hairdressing Industry rocks man!!! AWSOME!!! [sic]”. She was dismissed soon after for various reasons, one of which was the “public display of dissatisfaction” on her Facebook page.

Fair Work Australia held that the dismissal was unfair. It found that the Facebook comment was a foolish and inaccurate outburst, and that employees cannot say what they wish on their Facebook page with “total immunity” from any consequences. In particular, the tribunal noted that conduct outside working hours may justify disciplinary action if it breaches an employee’s contract of employment. Nonetheless, Fair Work Australia held that this particular comment would not have adversely affected the employer’s business and did not constitute a valid reason for termination.

Fitzgerald v Dianna Smith T/A Escape Hair Design [2010] FWA 7358

Source: Mallesons Stephen Jaques - Workplace Essentials Publication - November 2010

Sexual Harassment  (click on the link below to listen to this webcast)

http://www.brr.com.au/event/67572/maree-skinner-special-counsel-at-dibbsbarker

Source: Boardroom Radio Australia 5 August 2010

Managing Workplace Bullying (click on the link below to listen to this webcast)

Managing workplace bullying - Andrew Douglas, Managing Director at Douglas LPT; Wayne Blair, FWA Commissioner; Gail Hubble, Barister and Anna Palmer, HR Consultant, at Provenio Consulting
Source: Boardroom Radio Australia 21 May 2010

What is Administrative Law?

Administrative Law is a branch of public law that is concerned with the legal control of decisions and actions of government agencies and officials, and those of non-governmental bodies which affect the public.

It is comprised of; common law, statute law and procedural rules through which government institutions and bureaucratic actions are supervised and regulated. The principles of administrative law arise out of the interrelationship between the three arms of government; the legislature, the executive and the judiciary.

What is Natural Justice and Procedural Fairness?

As the name suggests, “procedural fairness” is concerned with the procedures used by a decision maker, rather than the actual outcome reached. The term "procedural fairness" is used when talking about administrative decision making because the expression "natural justice" is associated with procedures used by courts of law.

However, for most practical purposes, the terms “natural justice” and “procedural fairness” are used interchangeably. Put simply, procedural fairness involves decision-makers informing people of the case against them or their interests, giving them a right to be heard and not having a personal interest in the outcome.

The person who is the subject of allegations has the right to: 

• adequate notice
• be heard and put forth their side of the story
• all relevant information to be considered by the decision maker
• representation
• reasons for the decision
• an unbiased decision maker

Following are some examples of where bias could, or could be thought to arise: 

• a decision maker has a personal interest in the decision
• a decision maker has a work or personal relationship with the employee being investigated, or witnesses
• a decision maker has investigated the matter in another capacity
  a senior manager makes comment on the case in a manner which could be perceived to influence a junior decision maker
• a decision maker is a witness in the matter.

If there is any doubt about the suitability of a decision maker, it is wise to make another choice. It may be appropriate for a person from outside the agency.

Disclaimer:

Factsheet Content (including any publications) and/or resources on published on this website are intended only to provide a summary and general overview on matters of interest.  It is not intended to be comprehensive nor does it constitute legal advice.

Please contact Invision Investigations and Consulting for all your workplace investigations and consulting needs via our Contact Page.