Jessica Lee Legal Articles Recent Articles From EvanCarmichael.com http://www.evancarmichael.com/ http://www.evancarmichael.com/Legal/2332/Duty-of-care-includes-protecting-employees-from-violence-outside-of-work.html http://www.evancarmichael.com/Legal/2332/Duty-of-care-includes-protecting-employees-from-violence-outside-of-work.html Duty of care includes protecting employees from violence outside of work The NSW Court of Appeal recently upheld a decision of the District Court that a Company had breached its duty of care to an employee by not sacking or disciplining an employee ("the shooter") about his outbursts at work, in circumstances where the shooter later shot another employee three times with a gun outside work hours in a street outside the workplace. http://www.evancarmichael.com/Legal/2332/Flawed-investigation-leads-to-monetary-compensation-for-former-employee.html http://www.evancarmichael.com/Legal/2332/Flawed-investigation-leads-to-monetary-compensation-for-former-employee.html Flawed investigation leads to monetary compensation for former employee In a recent unfair dismissal case brought before the AIRC, the AIRC found that while an employee's conduct warranted dismissal, the dismissal was nevertheless harsh, unjust and unreasonable because of the procedural fairness failures by the Company. http://www.evancarmichael.com/Legal/2332/Conducting-a-faulty-investigation-can-lead-to-an-employees-success-in-an-unfair-dismissal-claim.html http://www.evancarmichael.com/Legal/2332/Conducting-a-faulty-investigation-can-lead-to-an-employees-success-in-an-unfair-dismissal-claim.html Conducting a faulty investigation can lead to an employee’s success in an unfair dismissal claim The AIRC ordered Melbourne’s St Vincent Hospital to reinstate an employee and ordered compensation for lost earnings after it found that a pathology courier employee’s (Ms Nicolson) dismissal was unfair. http://www.evancarmichael.com/Legal/2332/Employer-successfully-questions-an-employees-medical-certificate.html http://www.evancarmichael.com/Legal/2332/Employer-successfully-questions-an-employees-medical-certificate.html Employer successfully questions an employee’s medical certificate In a recent case before the Federal Magistrates Court it was determined that the sacking of an employee for not attending work was lawful, despite the fact that the employee had a medical certificate which permitted the employee to not attend work.