LaLegale’s speech case: the snowball that will start an avalanche?
When the Administrative Appeals Tribunal agreed it was unfair for Immigration to sack a public servant for anonymous tweeting, federal mandarins took notice. In a… Read More
Author: John Wilson
‘Over the top’ discipline: rethinking bullying in the public service
Recent cases show that bullying in the public service can take place through otherwise legitimate mechanisms, such as reassignment decisions and misconduct investigations. Employment lawyer John Wilson explains. Read More
A poorly thought-out federal ICAC could be a band-aid on a bullet wound
Momentum is gathering for the establishment of a federal anti-corruption commission. What structure and powers would it need to be effective? Public sector law expert John Wilson says the wrong kind of federal ICAC could be counterproductive. Read More
Opportunity missed in the High Court on the free speech of public servants
The High Court’s refusal to hear an appeal from Bernard Gaynor, who was terminated from the Army Reserves for his controversial public views, leaves public servants in an invidious position. Can they be fired for expressing their political opinion? Maybe. Read More
The most common workplace issues that never reach the courts
Many public sector workplace disputes never end up in court, says leading employment lawyer John Wilson. Read More
David and Goliath in the Fair Work Commission
Government departments have recently gained an unfair advantage in workplace disputes, employment lawyer John Wilson explains. But the odds have always been stacked against public servants in disputes with the government. Read More
Making reasonable adjustments for disabled employees
Effectively managing public servants with a disability is not easy, but managers have legal obligations to properly accommodate such employees, says employment lawyer John Wilson. Read More
Social media sucks: when shocking misconduct is not sackable
It is tempting for decision makers to act swiftly when a public servant commits serious misconduct that seems certain to be grounds for dismissal. But as two recent cases highlight, caution is always advisable. Read More
Lewd jokes and explicit images: navigating the workplace sexual harassment minefield
When can an employee be dismissed for workplace sexual harassment? Public and private sector employers have cause for concern following several recent contradictory tribunal decisions. Read More
The year of the whistleblower?
Proposed changes to the Public Interest Disclosure Act and talk of a private sector equivalent indicate that 2017 could bring positive change for whistleblowers. Employment law expert John Wilson explains. Read More
Allegations in the workplace: to investigate or not to investigate?
Hamlet was fortunate not to be an employment lawyer or human resources professional. Following a recent Queensland case, the question of whether or not to investigate employee misconduct is more vexed than ever. Read More
Don’t spit the dummy: merit and discrimination in the workplace
A dummy job application was intended to demonstrate discrimination, but backfired on the well-meaning employee. There are better ways to seek remedy if you suspect merit isn't being used correctly at work. Read More
John Wilson: out of hours, out of bounds — when to sack
Termination for bringing the APS into disrepute out of hours requires a significant connection between the conduct and the employer. Employment law specialist John Wilson explains. Read More
Employee misconduct: how to make ‘independent’ decisions
Double dipping Code of Conduct breaches from the same facts and fishing for extra allegations are signs a delegate isn't living up to their responsibility to first protect the agency. Employment law director John Wilson explains. Read More
Nebulous APS values and skyrocketing breaches a worrying slippery slope
The expansive potential breadth of the APS values is a troubling slippery slope, especially in light of recent APSC data showing a sharp rise in breaches. Employment law director John Wilson explains his concerns: Read More