Even though secret recordings can be lawful, it seems that the Fair Work Commission (FWC) takes a dim view of employees doing so – with at least two decisions supporting the view that secret recordings can provide a valid reason for dismissal.

What to do about secret recordings at work

Although it’s lawful for an employee to secretly record conversations at work, doing so may provide a valid reason for disciplinary action or dismissal, writes Gordon Williams Do you have a policy against employees secretly recording conversations at work? If not, I recommend you consider implementing one. It may surprise […]

Adverse action claims are on the increase, so decision makers need to understand the risks and the legal framework

Case law lessons in adverse action

A recent case highlights the increased use of adverse action provisions and the spectre of personal liability and penalties for managers, writes Gordon Williams The Federal Circuit Court recently decided that a portrait photography business constructively dismissed an employee, Ms Sagona, for reasons including her pregnancy, and that their conduct […]

Minter Ellison's Gordon Williams advises employers to pre-empt potential cocktail claims

Employee cocktail claims on the rise

There has been an increase in the number of ‘cocktail claims’, in which employees bring one action comprising multiple claims against their employers, according to law firm Minter Ellison “Managing employee cocktail claims can be a difficult, lengthy and very expensive process, so be proactive and avoid unnecessary risks,” said […]