Archive for February, 2010

Deliberately dishonest manager dismissal ruled as unreasonable

Wednesday, February 24th, 2010

A “DELIBERATELY dishonest” manager sacked after colluding with his colleagues to defraud his employer has had the manner of his dismissal ruled unreasonable by Fair Work Australia. 

In the latest decision to concern employers, the tribunal found that the employee’s admission that he had taken money from his employer, Kings Transport and Logistics, warranted his termination. 

Fair Work said the employee’s actions were “deliberately dishonest” and he had “conducted himself in a manner fundamentally inconsistent with the basic expectations of an employee”. 

But while the tribunal found the reason for his sacking was valid, it ruled that it was unreasonable because of the way the company had investigated the allegations. 

“The evidence before me indicates that Kings has demonstrated an entirely inconsistent approach to the employees involved in this behaviour,” it said. 

“This could only be described as managerial incompetence”.

The message is clear; conduct procedures and processes professionally.

see www.biz-momentum.com to assistance.

Fair Work Reinstates Terminated Employee legitimately terminated

Friday, February 19th, 2010

In a decision that should end shock waves through the small business community Australia’s industrial umpire has ruled that a long-term employee who was legitimately sacked for repeated safety breaches must be reinstated and paid compensation because of his poor education and poor job prospects.
In the latest ruling to concern business, Fair Work Australia found the worker had engaged in “relatively serious misconduct”, but ruled the sacking harsh due to his length of service and the fact he was a poorly educated middle-aged family man.

Ensure you make informed decisions and speak with us www.biz-momentum.com  Working Australia wide. (T) 61 7 3349 5662
 

Workplace Bullying Blitz in Victoria for 40,000 businesses

Friday, February 12th, 2010


WorkSafe Victoria is conducting a blitz of up to 40,000 workplaces to ensure they comply with anti bullying legislation.

This came about after a young restaurant worker committed suicide after repeated bullying over a period of a year. The business was fined $335,000.

Now may be a good time to ensure you have the correct policies, procedures, training and complaint management processes in place.

To see how we can assist your business contact Biz Momentum for assistance today www.biz-momentum.com

We are specialists in managing workplace bullying and grievances.

Increase in Unfair Dismissal Cases through Fair Work Legislation

Thursday, February 11th, 2010


Businesses have become increasingly concerned in hiring new employees in what is not good news for potential employees.

In the last 6 months since the inception of Fair Work an increase in unfair dismissal applications have been lodged to 5200 claims. Only half of these claims have been resolved through conciliation.

However the good news is that you can risk manage your business from the merry-go-round of unfair dismissal by taking appropriate action and advice.


Contact Biz Momentum today for assistance. www.biz-momentum.com