Pendlebury
workplace law

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

Workplace Investigations

Bullying at Work

Understanding that Not Everything that Upsets or Annoys or Offends in the Workplace is Bullying Bullying is a serious complaint that someone makes against another.  Which means it is critically important for employees and managers to also understand what is NOT bullying and harassment – as much as it is to know what IS bullying and […]

Brooke Pendlebury
Friday, May 20, 2011
Workplace Investigations


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


Fair Work Ombudsman Investigation – Unregistered Apprentice and Underpayment

A teenager, employed as a carpenter, was allegedly underpaid more than $8,000 by a construction company in Queensland, according to a further Fair Work Ombudsman prosecution. JDAC Pty Ltd (JDAC), the employer and construction company, allegedly paid the full-time carpenter apprentice rates between June 2008 and February 2009, despite the fact that the employee was not formally registered as […]

Brooke Pendlebury
Friday, March 9, 2012
Entitlements, News, Workplace Investigations


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


Largest ever Court Imposed Fine for Breaching 457 Visa Sponsorship Obligations

Five weeks after ordering Darwin-based Choong Enterprises to pay the largest-ever court-imposed fine for breaching 457 visa sponsorship obligations, the Federal Court has directed the Company to backpay 7 of the Filipino workers involved, totalling more than $100,000. Justice Mansfield found in April 2015 that Choong Enterprises Pty Ltd (which operates a number of fast food […]

Brooke Pendlebury
Sunday, June 21, 2015
Entitlements, News, Workplace Investigations


Pizza Shop on the Gold Coast – Alleged Underpayment of $20,000 – Fair Work Ombudsman Prosecution

The Office of the Fair Work Ombudsman is prosecuting the operator of a Surfers Paradise pizza shop for allegedly underpaying 27 cooks, kitchen-hands, customer service attendants and delivery drivers almost $20,000. It is alleged the 27 Mondo Pizza staff were underpaid $19,093 between December 2009 and October 2010. Many of the workers were from non-English […]

Brooke Pendlebury
Friday, March 16, 2012
Entitlements, News, 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


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 Investigations assist with Complaints of Sexual Harassment

Sexual harassment is unwanted and unwelcome behaviour of a sexual nature. State and Federal legislation make it unlawful to sexually harass another person in the workplace. Sexual harassment takes place when a person makes an unwelcome advance, or engages in other unwelcome conduct of a sexual nature in relation to another person in circumstances, where […]

Brooke Pendlebury
Wednesday, March 14, 2012
News, Workplace Investigations