Hiring, Firing and Inspiring Workshop 28th March 2017

Under the Wanneroo Business Advisory Programme, Dave Endersby from Vibe Legal spoke at the Hiring, Firing and Inspiring workshop.

Law depends on the particular facts of any individual case

-Key challenges

Unfair dismissal


Bullying and harassment

8 Commandments of employment law

-Good documented trail is key documentary

-Employment policy and procedures are vital

-Procedural and substantive fairness

-Don’t let employment issues fester

-Treat everyone fairly and consistently

-Never sack anyone on the spot

-Treat carefully the injured and unwell employees

-Functions can be work activities and should be treated as such

Unfair Dismissal

This is the biggest risk, learn from recent cases

-Focus on substantive and procedural fairness

-Deal with things as and when arise

-Tread carefully with serious misconduct, you cannot have people breaching principles of fair workplace


-Only genuine if you no longer require a particular role to be performed because of ops, tech or financial reasons

-Employer must comply with the consultation obligations of any award or enterprise agreement. Provide notice of intended changes

-Not genuine if the employer could be moved to a different role within the company

Bullying and Harassment

-This is a growing issue due to social media

-Employees can apply to FWC if they feel they have been bullied or harassed at work

-Reasonable management is not bullying

-Examples are, rudeness, belittling comments, threats of violence, gossip and rumours


-Get things wrong and the loss is large - $$, time and adverse publicity

-Always be aware of your risks

-Get it right from the start with contracts, policies and procedures

-Follow the 8 commandments

-Seek advice when required

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