Pendlebury
workplace law

Pendlebury Workplace Law is a specialist workplace relations and employment law legal practice based in Sydney.

Harassment at Work

Costs Awarded Against Applicant in Sexual Harassment and Discrimination Case

Claims of discrimination or sexual harassment are not all just high stakes for employers. In a recent Federal Court decision in Dye v Commonwealth Securities Limited (No 2) 1 [2012] FCA 407, Vivienne Dye is now faced with the prospect of having to declare herself bankrupt, having been ordered to pay $5.85 million in indemnity […]

Brooke Pendlebury
Friday, August 31, 2012
Harassment at Work, News


Duty of care, bullying and harassment, and unfair dismissal: Court decision

It was held that Curtin University did not breach a lecturer’s employment contract or its duty of care by failing to make progress with complaints he lodged against his superiors under the University’s grievance policy. The lecturer activated Curtin University of Technology’s Grievance Policy in May 2002 when he made a formal complaint that he […]

Brooke Pendlebury
Wednesday, May 6, 2015
Dismissal, Harassment at Work, News


Employer Escaped Liability in Sexual Harassment Case before NSW ADT

 In the most recent case before the NSW Administrative Decisions Tribunal Cooper v. Western Area Local Health Network [2012] NSWADT 39 (9 March 2012) , a male health care worker, who was employed by the Western Area Local Health Network, was fined $10,000 for sexually harassing a colleague. The employer, however, has escaped liability, and was […]

Brooke Pendlebury
Thursday, August 30, 2012
Harassment at Work, News, Workplace Investigations, Workplace Safety


Employer Liable Vicariously for Sexual Harassment of Employee

The Queensland Civil and Administrative Tribunal has found a Gold Coast resort vicariously liable for the sexual harassment of a female employee, further, that its mishandling of her complaint contributed to a psychiatric injury. [McCauley –v- Club Resort Holdings Pty Ltd (no 2) [2013] QCAR 243 (13 May 2013). The Tribunal Member, Jeremy Gordon, found Club […]

Brooke Pendlebury
Thursday, July 25, 2013
Harassment at Work, News, Workplace Investigations, Workplace Safety


Fair Work Commission – “bullying” was reasonable management action and rejected a long-serving employee’s bullying claim.

The Fair Work Commission said, “bullying” was reasonable management action, and has rejected a long-serving employee’s bullying claim.  The Commission accepted that the employer, Salvation Army Employment Plus, took reasonable management action when it performance-managed its employee after she resisted changes to workplace practices. Commissioner Lee in a ruling issued 4 June 2015 said the issues raised by the Salvation […]

Brooke Pendlebury
Friday, June 12, 2015
Dismissal, Harassment at Work, News, Workplace Investigations, Workplace Safety


Federal Government Announces Workplace Bullying Review

Workplace Relations Minister Bill Shorten workplace bullying has announced a review of workplace bullying, to be conducted by the House of Representatives Standing Committee on Education and Employment. The review will cover “the nature, causes and extent of workplace bullying“, and will consider issues such as the prevalence of workplace bullying in Australia, the role […]

Brooke Pendlebury
Thursday, August 23, 2012
Harassment at Work, News, Workplace Safety


General Protection Claims FWA

General protections claims brought under the Fair Work Act 2009 – how you can defend these claims?  How can you pursue these claims? Understanding what is a workplace right, what constitutes an adverse action, and how to manage these in your workplace.

Brooke Pendlebury
Tuesday, June 14, 2011
Harassment at Work, Workplace Investigations


Independent Investigations in Your Workplace – Bullying, Harassment and Discrimination – Training in Your Workplace

Brooke Pendlebury conducts investigations in your workplace to assist you in managing bullying and harassment or discrimination complaints, reduce the risk of escalation of these complaints through early intervention, and provide thorough, efficient and independent investigation findings, when necessary. A full and thorough investigation provides your workplace with the information needed to make effective business decisions about individuals and teams helping you […]

Brooke Pendlebury
Thursday, March 8, 2012
Harassment at Work, Workplace Investigations


Sexual Harassment and/or Sex Discrimination Complaints in the Workplace in Australia

Employers should recognise that the areas of risk when dealing with a sexual harassment and/or sex discrimination claim are expanding.  The way in which sexual harassment and sex discrimination complaints are being brought and litigated is increasingly becoming more sophisticated and complex.  This includes bringing claims that rely not only on the anti-discrimination legal framework, […]

Brooke Pendlebury
Monday, August 27, 2012
Harassment at Work, News, Workplace Investigations


Sexual Harassment, Bullying and Discrimination

Discrimination, Harassment and Workplace Bullying No employer, whether you employ many people or only a few, can afford to ignore the legal requirements and responsibilities which the law now imposes on all employers in respect to workplace bullying, discrimination and harassment. Concerns over sexual harassment in the workplace have soared after the intense publicity of the […]

Brooke Pendlebury
Sunday, March 27, 2011
Harassment at Work, News, Workplace Investigations


Social Media Policy for Your Workplace – Dealing with Facebook, Twitter, Blogs at Work

A social media policy outlines for employees the guidelines or principles of communicating in the online world. A social media policy can be a company’s first line of defense to mitigate risk for both employer and employee.  You may already have a confidentiality agreement but it might not be enough.  Adding a few lines in […]

Brooke Pendlebury
Wednesday, January 18, 2012
Harassment at Work, News


Workplace Bullying

What constitutes workplace bullying?  It is important to understand what constitutes bullying, and what does NOT constitute bullying in the workplace.  Too often employees mistake performance management, or receiving a direction to perform a task they do not like, as bullying. One definition of workplace bullying is:  “the repeated less favourable treatment of a person […]

Brooke Pendlebury
Monday, March 28, 2011
Harassment at Work, Workplace Investigations


Workplace Bullying – remove it from its current legal and cultural designation as an OHS issue

National law firm principal, Josh Bornstein, says criminalising workplace bullying will not work, and Fair Work Australia should be given a new early intervention role to prevent cases reaching the point of irreversible damage. In a presentation at a Legalwise seminar in Melbourne last week, Mr. Bornstein addressed “myths” perpetrated about workplace bullying, including that […]

Brooke Pendlebury
Tuesday, September 11, 2012
Harassment at Work, News, Workplace Safety