Law

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 […]