

Councils limited to censure action for CoC breaches
The NSW Supreme Court has recently handed down an important decision on the ability of Councils to discipline councillors for misconduct...

Department denied costs after winning misconduct case
Background The applicant, Mr Graham Smith, claimed he had been unfairly dismissed by the Department of Industry following five...

Correctional Officer with 16 years’ unblemished history dismissed due to out of hours criminal condu
A recent decision of the NSW Industrial Relations Commission has provided additional guidance to employers on the approach to be taken...


Top 3 tips for dismissing problem staff in a fair way
As specialists in employment law, O’Connell Group keeps a close eye on decisions from the Fair Work Commission (FWC) and other tribunals...


Covert surveillance of misconduct leads to reinstatement of employee
In a decision handed down on 18 July 2017, the Fair Work Commission ordered the reinstatement of a health care employee who had been...


Clean work history not enough to save job of pornography accessing employee
As a consequence of receiving and storing substantial amounts of inappropriate materials, a long term LHD employee lost her job, despite bei


WHS investigation into misconduct matters insufficient to justify dismissal
In a decision handed down on 27 July 2017, the Industrial Relations Commission ordered the reinstatement of a Council Ranger who had been...


Support persons necessary when performance managing staff
Most employers only act to conduct disciplinary meetings with their staff after a prolonged series of incidents or issues give them more...


Disciplinary measures must be proportionate to misconduct
The decision to suspend a Marrickville Councillor from civic office for two months due to misconduct has been overturned by the NSW Civil...