Tag: employmentlawtweed

EWS Court Ruling

Reality Bites in Bullying and Harassment Claims

The Seven Network has been ordered by the Personal Injury Commission of New South Wales to pay a My Kitchen Rules contestant ongoing compensation of $22,000 per year for psychological injury sustained from appearing in the reality TV show, in what is the second reality TV compensation claim to hit the network.

The Applicant, Piper Green (O’Neill) alleged she was damaged by “vilification and bullying from producers and the network”. In the Judgment the Commission stated that “The applicant alleged that this involved ‘over 40-hour work weeks, control over her phone, distortions of her actions and words after editing, victimisation, bullying and harassment and unfair treatment and adverse interactions with other workers, producers and staff..”

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What’s Love Got To Do With It?

Dealing with Romances in the Workplace

Has the #metoo era dimmed the enthusiasm of workers for workplace romance? When writing this article, Tina Turner’s words are echoing in my head. The #metoo movement has now brought to light the dangers of workplace relationships and therefore it is an opportune time to take a look at office romances (and break-ups) and the steps employers should take to ensure they don’t get caught up in the #metoo turmoil.

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Covid19 Vaccination for employees

The COVID 19 Vaccination – can you force an employee to “take the jab”?

Roll out of the COVID-19 vaccination is expected to commence in March and employers may then need to decide whether to require mandatory vaccination of employees against the virus. This is a multi-dimensional issue requiring consideration whether the direction is both reasonable and lawful, health and safety obligations, and whether a mandatory vaccination policy could give rise to claims such as discrimination, adverse action or unfair dismissal etc.

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Casual Employee Resignation

Resignation: do casuals have to give notice?

Does a long-term casual employee have to give notice of resignation? This question has recently been posed the question by a number of clients.

Generally, there is no requirement for casual employees to provide any notice by the employee or by the employer to the employee. The required period of notice of termination to be given by an employee upon their resignation is determined by the applicable modern award, enterprise agreement or the terms of an individual’s contract of employment.

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HR, Employment Law

Fair Work Commission’s Endorsement of PIPs and Dismissal Process – A Lesson in Getting the Process Right

Many of our clients who have been to our Performance Management, Discipline and Termination Seminars would be familiar with Performance Improvement Plans (PIPs) and how important they are in the performance management process and possible termination of staff. Those seminars also highlighted the need to undertake a fair and reasonable process in the termination of employment

In a recent decision in the Fair Work Commission (FWC) Hogendorn v Nokia Solutions and Network t/a Nokia [2020] FWC 4476, 25 August 2020, the FWC has upheld an employer’s PIP finding that the employer’s performance improvement and dismissal processes were “properly instituted and undertaken”.

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