Our Employment and Industrial Relations team acts for government and corporate entities, including employers of all sizes from SME’s and NFP’s through to multinational companies. We assist our clients to resolve a wide range of issues, including:
Managing office romances is a difficult task, especially where the employees work together. However, there are two decisions in unfair dismissal cases which have upheld the dismissal of employees who were in a relationship with subordinates. In both cases, the Commission recognised that in those situations the employees had a duty to disclose the relationship to their employer, as the relationship gave rise to a conflict of interest.
It is not uncommon for employees to be engaged as casuals but then be treated like full- time employees, for example, being required to work 38 hours a week consistently. Two recent decisions have highlighted the risks of this practice and classified employees, ostensibly engaged as casuals, as permanent employees at law, thereby entitling them to annual leave.
Although assaults in the workplace are not overly common, there have been a number of Queensland decisions involving employees who have suffered injuries from assaults by third parties in the course of their employment.
A worker who suffered a neck injury and secondary psychiatric injury during the course of his employment has been awarded more than one million dollars in damages, despite significant causation issues whereby the Claimant first reported symptoms consistent with a disc prolapse some four months post incident.