Senior sergeant's appeal denied over degrading behaviour and favouritism; businesses breaching workplace laws bring in big bucks; two new resources launched for young workers.
Rogue policeman sacked
The Victorian Supreme Court refused to reinstate a police officer who was dismissed in response to bullying and harassment claims, finding his behaviour was 'very serious' and that the Victorian chief commissioner of police correctly determined he was unsuitable to continue in the police force.
The senior sergeant was dismissed on the grounds that he had 'openly engaged in persecutory, intimidatory and bullying behaviour towards others, including conduct that humiliated and degraded women'. This behaviour involved him betting on who would be the first to carry out a sex act with a trainee constable with whom he had earlier had a brief relationship. The chief commissioner also found that the senior sergeant had circulated rumours about his relationship with the trainee, causing the woman to endure harassment within the police force over many years.
The officer also compromised proper procedures when he allowed a probationary constable, who was not under his supervision but with whom he was having a relationship, to attend police raids while she was off-duty and not authorised to attend.
On appealing his dismissal, the officer accused the chief commissioner of denying him procedural fairness by not giving him full access to the evidence or his ethical standards file, and adopting different interviewing techniques for different witnesses.
The court rejected each of the officer's appeal grounds, finding the chief commissioner did not commit any error of law. Rather, it was found she had adhered to legislative requirements in making provisional findings. She gave the officer an opportunity to make submissions, and was prepared to depart from the provisional findings. Her final findings were only made after considering the officer's submissions. The officer's dismissal was found to be lawful and his appeal against the commissioner's decision dismissed.
Ombudsman secures $1 million in penalties
Businesses breaching workplace laws have paid up more than $1 million in penalties over the 18 months to the end of February.
Highlights of the penalties secured include: $351,975 ordered by courts in the ACT / NSW; $331,815 ordered by courts in Victoria; and $229,523 ordered by courts in Tasmania. Courts in Queensland and South Australia have ordered penalties of $46,900 and $26,070 respectively.
Examples of the types of workplace breaches the workplace ombudsman has successfully litigated include under-payments, AWA duress, pay slip and time and wages record-keeping requirements, freedom of association, and redundancy entitlements.
The workplace ombudsman currently has 63 matters before the courts.
New guides for young workers launched
Two resources recently launched by the federal and NSW governments aim to give practical information about workplace issues to young people who may soon join the workforce.
The workplace ombudsman has released Understand your rights at work, a new online guide for young workers. Young workers across Australia who are about to enter the job market will now have access to a new young workers' information section on the workplace ombudsman's website.
Designed to help young workers understand their workplace rights, the online guide includes case studies that have practical examples of how unfair workplace practices can arise and how the workplace ombudsman can help when they do. The guide focuses on five key areas: appropriate pay levels; shifts and conditions; work agreement with bosses; pay slips; and what happens when a job finishes.
Launching the new guide, workplace ombudsman Nicholas Wilson emphasised the importance of young people being treated fairly by their employers, noting that a young person's experience in early work can influence their ability to participate fully in the workplace later in life.
In New South Wales, the minister for women, Verity Firth MP, launched a new guide to help young people understand their rights and responsibilities at work.
The Girls@Work: Getting a fair go booklet provides an introduction to workplace issues for high school-aged students, focusing on issues that affect young people in general, as well as the particular needs of young women.
Young people may have a limited understanding of the rights they have in the workplace, have lower-paid jobs requiring only basic skills and are more likely to put up with poor pay and conditions instead of looking for another job.
To help with these issues, the resource aims to give practical information in a straightforward manner to young people, especially young women, who may soon join the workforce.
