Author

Sean Selleck

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Robinson v Goodman & Rivers Scenario – a senior, highly-valued employee has crossed the line between acceptable and unacceptable behaviour, but he says persuasively that it’s all innocent and in good fun. It may be tempting for HR and the employee’s senior colleagues to let this incident pass with a gentle (informal) warning – but don’t, it could come back to haunt you. It has never been safe to do this. Failure to properly investigate…

Murrihy v Betezy.com.au Pty Ltd Since their introduction with the Fair Work Act 2009, “adverse action” claims have become the “new black” of employee claims – a favourite that goes with everything. Almost every claim that now comes across our desks has an adverse action component to it. These claims have also been keeping our Federal Court judges busy – with that Court recently reporting a significant increase in the number of claims (The Sunday…

Commonwealth Bank of Australia v Barker [2013] FCAFC 83 In a recent decision, the Full Court of the Federal Court has confirmed that it is an implied term of every employment contract that an employer must not behave in a way which is likely to seriously damage or destroy the relationship of trust and confidence between the employer and the employee without reasonable cause. But what does this mean? It seems that the answer is…