INTERNATIONAL NEWS: AUSTRALIA
Drug and Alcohol Testing at the Workplace – Emerging Trends – continued from page 10 Anecdotally, many employers have deferred the introduction of testing regimes because of union and privacy concerns.
However, the combination of government and regulator interest coupled with the potential consequences of inaction, means that for many employers, doing nothing is no longer an option. Read more
Much Ado About Something -Workplace Bullying Round Up
In the first six months of operation of Part 6-4B (1 January-30 June 2014), the FWC fielded over 100,000 website enquiries and 3,500 telephone enquiries about the new anti-bullying jurisdiction. 343 applications for anti-bullying orders were lodged during this period – these applications were dealt with as follows:
more than 270 conferences/hearings were held in bullying cases; 197 bullying matters were finalised – the outcomes were: o 59 withdrawn early in the case management process o 34 withdrawn prior to any formal FWC proceeding o 63 resolved during proceedings o 20 withdrawn after conference/hearing o 21 resulted in a decision:
o 3 dismissed (jurisdictional objection) 4 dismissed (applicant not bullied/would not be subject to future bullying) 13 dismissed (applicant did not pursue/properly pursue claim) 1 led to the making of an anti-bullying order (by consent between the parties).
Source:
http://www.corrs.com.au/ Read more
INTERNATIONAL NEWS: CANADA
Punching a Co-Worker Does Not Amount to Just Cause For Dismissal, Court Rules
Can your employee punch a co-worker in the face and avoid termination for just cause? The answer is yes, depending on how you handle the situation.
A recent decision of the Ontario Superior Court of Justice again raises the question of whether employers can effectively balance their duty to provide a safe workplace free from violence with the common law principles of proportionate discipline. In the Nov. 17, 2014 decision in Phanlouvong v. Northfield Metal Products (1994) Ltd. et al., 2014 ONSC 6585 (CanLII), the Trial Judge found that, although the plaintiff punched a co-worker in the face, his conduct did not amount to just cause for dismissal.
Source:
www.gowlings.com/ Read more
Federal Work Refusals Now Require "Imminent Or Serious Threat" Federal employers have a new definition of "danger" to apply, and an updated work refusal process to use, effective Continued on page 12
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