Workplace Law Quarterly Newsletter – May Edition
Published on May 16, 2017 by Mick Sheils OAM and Peter Punch
Introduction
Welcome to the May 2017 Edition of our Workplace Law Quarterly Newsletter.
In this edition, we take a look at some recent case law in the employment world as well as a significant legislative change that is likely to come into force in the coming months.
Our contributors report on:
- The continuing effects of the 7-Eleven scandal and the Fair Work Amendment (Protecting Vulnerable Workers) Bill;
- The benefits of resolving employee conflict in an organisation by mediation;
- A recent decision regarding the use of social media in an employment context and the implications of Privacy Principles;
- A recent decision regarding abandonment of employment; and
- The importance of the consultation process when downsizing your workforce.
We hope you enjoy this edition.
Carroll & O’Dea Workplace LawTeam
Protecting Vulnerable Workers – New Legislation Soon.
The Fair Work Ombudsman’s (FWO) inquiry and report into the 7-Eleven underpayment scandal has resulted in a Bill to significantly amend the Fair Work Act 2009 (Cth), which was presented by the Coalition Government to the House of Representatives on 1 March 2017.
The Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 proposes a number of initiatives to put an end to or at least seriously reduce systematic exploitation of vulnerable workers.
Emily Regidor, Lawyer
Peter Punch, Partner
Resolving Employee Conflict In An Organisation By Mediation
Dealing with conflict between employees of an organisation is not the most rewarding aspect of a manager’s role. If not dealt with at the earliest possible stage, the conflict may escalate and lead to undesirable outcomes for all involved.
However managers can avoid all the unpleasantness of dealing with such matters by engaging an independent accredited mediator with expertise in resolving workplace conflict.
Michael Sheils OAM, Consultant
Peter Punch, Partner
Privacy Settings on Social Media not so Private For Employees?
An employer’s records on an employee are, at least at present, not protected under privacy legislation. They are, after all, the employer’s records. But, surely, an employee’s Facebook account (i.e. not the employer’s records at all) is “personal information” that should not be accessed or used by an employer without that employee’s permission?
The answer, or at least the answer according to Justice Bell of the Victorian Supreme Court, is one that many Facebook users will probably not ‘like’.
Emily Regidor, Lawyer
Peter Punch, Partner
“Automatic Abandonment of Employment” Award Clauses – to be Abandoned?
A recent Decision of a Full Bench of the Fair Work Commission has drawn attention to the complexities that often arise when an employer believes that an employee has “abandoned” their employment. It is also ironic that the Decision relates to a provision in a modern award that was inserted for the purpose of trying to make the determination of the “abandonment of employment” issue easier for employers in particular cases.
Thinking of Downsizing your Workforce? Make Sure You Get the Consultation Process Right
Downsizing a workforce is sometimes necessary, and when it is, it can be a difficult process. Modern Awards require the employer to give employees as much notice as possible, and consult with them about what can be done to avoid or minimise job losses. Rushing the process, or engaging in tokenistic gestures, is not only likely to upset employees, but might also give rise to unfair dismissal claims that would not otherwise exist – as a recent decision of the Fair Work Commission (FWC) amply demonstrates.
