January 2023

Managing mental health in the workplace and making reasonable adjustments

Today’s workforce expects employers to take mental health issues seriously and provide appropriate support and assistance. While the vast majority of employers do see mental health as a priority, some struggle to both understand it and to know what their responsibilities are in regards to making reasonable adjustments within the workplace. To start with, we […]

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Understanding sexual harrassment laws and fostering positive duty in the workplace

Sexual harassment is, very unfortunately, a much too common experience in the workplace. The 2018 Sexual Harassment Survey revealed that 1 in 3 Australian workers reported having experienced sexual harassment in the previous 5 years and only 17% of those people made a complaint. Many were afraid to report their experiences out of fear of

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The powers of the Fair Work Ombudsman and how to avoid underpaying employees

There have been a number of recent cases of the Fair Work Ombudsman (FWO) cracking down on organisations underpaying employees. For example – in 2018, the FWO dished out more than $192,000 in penalties to former 7-Eleven operators who underpaid vulnerable workers. Additionally, the FWO alleged in 2021 that Woolworths Group Limited underpaid 70 employees

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Restructuring vs Redundancy – what are the differences and how to ensure compliance

Both restructuring and redundancy are tricky processes to navigate for any sized business. It’s unwise to go down these paths without the right knowledge or expert guidance to make sure your organisation doesn’t stray into non-compliance. Employees are afforded several protection rights during restructuring processes and redundancy decisions, therefore the onus is on the employer

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Understanding general protection claims and how to protect against them

The concept of general protection claims is something not always fully understood by employers and is often confused with unfair dismissal claims. Unfair dismissal laws protect specifically against an unfair, harsh or unjust dismissal. On the other hand, general protection claims are more broad and deal with the fundamental rights of an employee. General protections

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Dealing with underperforming employees – a guide to procedural fairness

The decision to dismiss an employee based on unsatisfactory performance, or otherwise step in to formally address the issue, is a challenge that most employers have to face at one point. It can be a stressful and confronting prospect, especially for managers who do not want to, or do not know how to, conduct effective

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Long periods of leave – returning to work and avoiding dismissal claims

Safe Work Australia estimates that 500,000 Australians sustain a work-related injury or illness annually. This represents an economic cost of AU$68.1 billion. The Australian’s workers compensation system bears direct costs of AU$9 billion per annum in income support, treatment and rehabilitation and lump sum payments. Employers also face indirect and direct costs whenever a worker

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Dealing with workplace disputes – strategies for avoiding and resolving conflict internally

The modern workplace is a diverse environment. With people of all different ages and backgrounds working together, conflicts both minor and major in nature are bound to occur. This means that employers need to be flexible with their conflict resolution strategies. One size fits all doesn’t apply as each demographic has their own values, behaviours,

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Employer obligations when handling employee personal information

A look at privacy and disclosure As a matter of routine, businesses collect a great deal of personal information about potential and current employees. There is the obvious basic information that most people don’t think twice about disclosing to an employer, like their full name and their work experience. However, employers are often required to

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