Employers’ Rights to Dismiss Over Out-of-Hours Conduct


Fair Work Australia has delivered a Full Bench decision on the provisions for summarily dismissing employees for serious misconduct out-of-hours. In the case of RoseVi.Hair.Face.Body v Edwin Domingo, the Full Bench accepted that the summary dismissal of a hairdresser whose work performance was adversely affected by his drug use was fair, but warned the same conclusion would not necessarily be reached in all cases. The Full Bench returned the following observations pertaining to all employers: employers do not have the right to control or regulate an employee's out-of-hours conduct unless the employee's conduct has a "significant and adverse effect" on the work- place; when an employer holds the belief that an employee's conduct justifies grounds for immediate dismissal, the court will consider whether this belief was based on ‘reasonable grounds’; and employers are obliged to discuss the conduct of the employee before making a termination decision. This means employees should be aware that if their out of work misconduct has an adverse effect on the workplace, there may be reasonable grounds for dismissal pursuant of the relevant Fair Dismissal Code.


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HEALTHCARE INDUSTRY NEWS 60% of Nursing Assistants in Nursing Homes Incur Occupational Injuries


New research reveals that 60% of certified nursing assistants (CNAs) employed in nursing homes incur occupational injuries, which range from back injuries to cuts, black eyes, human bites and more. Lifting, bathing or handling residents, resident aggression and accidents involving facility equipment were the leading causes of injury among CNAs. The surveys also showed that certain groups of CNAs – including new workers and those who changed jobs more frequently, received lower wages, worked mandatory overtime and felt they had inadequate time to provide personal care – were more likely to report injuries. To improve the workplace environment, the authors suggest reducing the rates of CNA injury by providing more comprehensive initial training for CNAs, reducing mandatory overtime, providing support to newly hired CNAs and making efforts to reduce job turnover.


To read more, click here Assaults at Hospital Draw OSHA Workplace Violence Fine


Lakeview Specialty Hospital, Waterford, WI, made the headlines when it received an OSHA fine for not protecting workers from workplace violence hazards. According to OSHA, the agency initiated an investigation after receiving a complaint that a staff member had been severely beaten and threatened by a patient at the facility in September 2011. A police report was also filed at the Racine County Sheriff’s Department. The investigation revealed multiple assaults on workers at the facility, and OSHA has proposed $12,000 in penalties under general duty clause for failing to provide a workplace free from recognized hazards likely to cause serious injury or death. “These citations point to a clear and pressing need for employers operating similar facilities to develop comprehensive and effective programs that proactively address workplace violence situations imperiling the safety and health of their workers,” said George Yoksas, OSHA’s area director in Milwaukee.


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Bullying is a form of violence in the workplace; it is not part of the job. We all have a responsibility to stop it, and to create workplaces free from bullying.The Bully-Free Workplace Guide and the peer-to-peer facilitation program have been developed by the facilitators and The Nova Scotia Government & General Employees Union (NSGEU) staff to help our members and their employers identify and stop workplace bullying. At the core of our approach is the understanding that peer-to-peer facilitation is an effective method to begin discussions about workplace bullying and to facilitate solutions. We have trained NSGEU members as facilitators who are available to go into workplaces across the province to deliver the NSGEU Bully-Free Workplace program.


Interested In Learning More? 902-424-4063, 1-877-556-7438 (Canada), inquiry@nsgeu.ca, http://www.nsgeu.ca/bully-free/


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