News
Worker’s out-of-town sex injury compensable: Judge
The injuries sustained by a worker while having sex on a work trip were found to be compensable by the Federal Court, which determined that the employer was liable, even though it had not ‘expressly induced or encouraged’ the activity that led to the accident. In November 2007, a public servant was sent on an overnight trip to a country town in New South Wales to lend her human resources expertise to a regional branch of the Commonwealth Government. During this time, the worker arranged to catch up with a male friend, whom she’d...
read more10 Tips for Small Business to comply with new WHS legislation
Occupational Health and Safety (OHS) laws are undergoing their biggest overhaul in a generation with the introduction of nationally harmonised legislation in 2012. Here’s what you need to do to get your business ready. The new model Work Health and Safety Acts (WHS) came into effect on 1 January 2012 (with the exception of Victoria and Western Australia who are likely to defer implementation until later this year.) It is crucial that organisations recognise the changes that will be made and start reviewing all practices and documentation...
read moreEmployee to pay $188,500 for post-employment breach
A Vic man will have to pay almost $188,500 to his former employer, after he breached a post-employment clause in his contract that prohibited him from doing business with former clients. The clause prevented him from providing specified accounting services for three years after his employment finished to any of the accounting firm’s clients to whom he had provided similar services during his final three years of employment. The clause further provided that, if it was breached, the employee had to repay the equivalent of 75% of the fees...
read moreCasual employment to permanent — a right?
The rules around an employee’s entitlement to be made a permanent employee after working a period of casual employment should be checked in the relevant award. Q Our company employs a considerable number of casual employees who are employed under the Manufacturing and Associated Industries Award 2010. One of these employees has approached their supervisor regarding the possibility of converting from casual employment to permanent part-time employment. The employee’s request has been triggered mainly because of the difficulty she has...
read moreAustralia’s Top Employers
Move over, Google – constructions product provider Hilti is the top employer in the country based on human resources consulting firm Aon Hewitt’s new Best Employers in Australia and New Zealand report, which surveyed over 124,000 employees in more than 200 companies. Best Employers outperform other organisations in both productivity and financial performance. Research concludes that organisations with high engagement are 78% more productive and 40% more profitable than those with lower engagement. Outsourcing sales and management...
read moreOur First Member’s Feedback!
I asked for feedback from our first member, and this is what I received: Mount Isa City Council employees 200 people not including contractors. I am the Human Resources Advisor. Our biggest HR Challenges are: o As Mount Isa is a mining town we find competing with remuneration and high rents hard but offer a lifestyle alongside local government careers o Getting our policies and procedures in place o Getting some streamlined processes happening o Training for people in Supervisory/Managerial roles I am...
read moreSham Contract?
Sham contracting is an attempt by an employer to misrepresent or disguise an employment relationship as an independent contracting arrangement. Employers may do this to avoid having to give an employee their proper work entitlements, such as minimum rates of pay and leave entitlements. Sometimes, employers dismiss, or threaten to dismiss, employees if they don’t agree to become independent contractors. This is against the law. What’s an employee & what’s an independent contractor? There are a number of indicators to...
read more7 Tips to Improve Employee Engagement
Listening to employees and breaking down bureaucracies are among the most effective ways to improve engagement and empowerment, according to a recent management competition.Results of the ‘beyond bureaucracy’ challenge to find innovative ways to engage employees have been published on the website of the large global management consulting firm McKinsey. Managers were asked to describe practices that better engaged their employees, empowered them to manage themselves, or provided a perspective on the organisation from the outside in. A...
read moreSome tips preventing adverse action claims
Be very clear about your reasons for taking action against an employee, and be able to prove them — to minimise the prospect of adverse action claims. Those are the two most important elements of a strategy to combat adverse action claims outlined at the 2012 Workplace Law Fundamentals seminar, conducted by Akolade, in Sydney, on 20 March 2012. This is because the adverse action provisions require a causal link to exist for a claim to be successful. That is, the action against the employee must have been taken because the employee had a...
read moreFour Valid Reasons for Termination
A valid reason for termination should be classified into at least one of four categories: capacity, conduct, performance or termination on the grounds of redundancy. 1. Capacity Capacity relates to the employee’s ability to perform the inherent requirements of the job. To rely upon capacity as a reason for termination, the core or substantive duties of a position should be identified and compared against the employee’s ability to satisfy those requirements. Evidence should exist in relation to the lack of...
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HR Tips
Worker’s out-of-town sex injury compensable: JudgeThe injuries sustained by a worker while having sex on a work trip were found to be compensable by the Federal Court, which… »
10 Tips for Small Business to comply with new WHS legislationOccupational Health and Safety (OHS) laws are undergoing their biggest overhaul in a generation with the introduction of… »
Employee to pay $188,500 for post-employment breachA Vic man will have to pay almost $188,500 to his former employer, after he breached a post-employment clause in his contract… »
Casual employment to permanent — a right?The rules around an employee’s entitlement to be made a permanent employee after working a period of casual employment should… »
Australia’s Top EmployersMove over, Google – constructions product provider Hilti is the top employer in the country based on human resources… »
Our First Member’s Feedback!I asked for feedback from our first member, and this is what I received: Mount Isa City Council employees 200 people not… »
Sham Contract?Sham contracting is an attempt by an employer to misrepresent or disguise an employment relationship as an independent… »
7 Tips to Improve Employee EngagementListening to employees and breaking down bureaucracies are among the most effective ways to improve engagement and empowerment,… »
Some tips preventing adverse action claimsBe very clear about your reasons for taking action against an employee, and be able to prove them — to minimise the prospect… »
Four Valid Reasons for TerminationA valid reason for termination should be classified into at least one of four categories: capacity, conduct, performance or… »