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Senior staff are expected to implement and enforce EEO, bullying and harassment policies in a business; so, should all staff, including senior levels, receive appropriate training in these areas? Q:  Must the employer provide training to all levels of staff in regards to EEO, bullying and sexual harassment? A:  The provision of training in relation […]

It may happen that an employee falls pregnant with less than 12 months separating the births of the children. So, how is such a situation regarded from the aspect of unpaid parental leave? Q:  We have an employee who is four months into a total absence of twelve months of unpaid maternity leave. She is

An employer’s action in dismissing a painter and making reckless representation about his work position contravened the Fair Work Act 2009. The Federal Magistrates Court ordered the employer to pay compensation and a penalty. [Full text of this case: C v Crocker Builders Pty Ltd [2012] FMCA 677 (3 September 2012)] A painter working for a construction

Thanks to Fairfax for including Claire in this month’s edition of d’fine magazine.  To check it out follow this link:  Dfine 110912. Claire HarrisonClaire Harrison is the Founder and Managing Director of Harrisons, a flourishing HR consulting business that sprouted in 2009 from Claire’s passionate belief that inspiring leaders and superstar employees are the key success

Aon Hewitt announced its 2012 Best Employers in Australia and New Zealand (ANZ) survey, with Microsoft being named the Best of the Best for 2012. Fourteen organisations received the Aon Hewitt Best Employer accreditation in 2012 including Chorus New Zealand Limited, Express Data, FedEx Express (Australia), FedEx Express (New Zealand), Frucor Beverages Australia, Hilti Australia,

Q: I’m trying to find out whether there is a maximum number of hours a worker can work in any given week — taking into account safety and fatigue issues; and, if so, what are they? A: When there may be a prospect of ‘unreasonable hours’ being imposed on an employee, the employer should discuss that issue

Retaining staff remains a key concern for Australian companies, and those with high turnovers need to examine their hiring procedures, according to specialist finance and accounting recruitment firm, Robert Half.   Robert Half director Kevin Jarvis said that despite the difficult talent market, retaining staff remains a key concern for Australian CFOs and finance directors.

A common business problem for employers occurs when employees accrue excessive amounts of annual leave. This scenario is detrimental to both the employees and the organisation, but both sides being ‘at fault’ may be the cause.   WHAT CAUSES THE PROBLEM? One potential cause is organisation downsizing; and, thereby, requiring ‘more from less’ from the

Before attempting to resolve workplace complaints and disagreements that have spiraled out of control, managers need to work out if they are dealing with a dispute or a conflict. Following is some guidance on managing workplace conflict. A ‘dispute’ (or disagreement) is a contest over a specific set of facts. Disputes are about facts. An investigation helps

Although the scope for social media-related problems to arise at work sometimes appears formidable, the issue need not be any more difficult than managing more traditional communication methods such as use of phones and email. The user-generated content aspect of social media means that the following potential hazards can arise: content is very widely accessible

The Annual Wage increase, effective from 1 July, affects minimum wage rates; so, how does this impact on an employer that adjusts wages at a different time? Q: The majority of our employees are covered under the Manufacturing Award and the Clerks Award. It is the company’s policy that wages are reviewed annually at the end

While the commencement of the financial year usually means changes relating to taxation, this date also has implications with respect to workplace relations-related matters, including awards, unfair dismissals, paid parental leave and superannuation (particularly in relation to statutory monetary amounts). This article identifies a number of key workplace changes that will, or may, affect your

The failure by a builder to take reasonably practicable steps to address an identified fall hazard meant that a construction site in Western Sydney was ‘an accident waiting to happen’, according to the NSW Industrial Court. [Full text of this case: Inspector Spence v Aleksic Carpentry Pty Ltd & Anor [2012] NSWIRComm 45 (16 May 2012)]

Mental illness in young men costs the Australian economy $3.27b in lost productivity each year, and employers directly $237m, according to a new report that encourages a greater role for employers in developing and delivering mental health initiatives. Commissioned by the Inspire Foundation and Ernest & Young, the report — Counting the Cost: The Impact

Is an employer obligated to make an investigation into allegations of misconduct or can it proceed immediately to dismissal? Q: One of our employees has made a serious sexual allegation against another employee. The allegations are such that the company wishes to terminate immediately the alleged offender’s employment. Under the Fair Work Act 2009, are we

On 1 June 2012 Fair Work Australia increased the minimum wage by 2.9%, to $606.40 a week — a rise of $17.10 from the previous $589.30. The rise is less than the $26 a week the ACTU had called for but much more than the $9.40 the Australian Chamber of Commerce and Industry had wanted.

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

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

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

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

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

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: As Mount Isa is a mining town we find competing with remuneration and high rents hard but offer a lifestyle

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

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

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

In Brief In a recent FWA decision, an employee was reinstated following termination for allegedly derogatory and harassing comments about managers posted on his Facebook page.1 Roberts C found the comments to be akin to ‘a group of friends letting off steam and trying to outdo one another in being outrageous‘, and whilst in poor taste,

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. 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

Presented a workshop tonight for business owners on their employment law obligations and how to comply. We discussed the Fair Work Act, National Employment Standard, Modern Awards, Independent Contractors, Occupational Health and Safety, Discrimination and Workplace Bullying – and much, much more. CONCLUDED WITH THE FOLLOWING TOP 8 TIPS FOR COMPLIANCE:  Audit your HR and

A Lismore café, which underpaid its workers $138,000, will have to report its wage rates to the Fair Work Ombudsman for the next three years. Ejack Pty Ltd, which underpaid more than 70 casual waiting staff and short-order cooks over two and a half years, has also pledged to repay all outstanding wages. The company’s

VIRGIN AUSTRALIA HAS PRODUCED MULTIPLE EMAILS AS EVIDENCE AGAINST TWO MOTHERS SUING THE AIRLINE FOR TURFING THEM OUT OF THEIR JOBS. Former public relations officer Leonie Vandeven and former events and sponsorship manager Kirsty Aitken both claim they were made redundant because they were pregnant or on maternity leave. They are suing their former employer

Policies are a necessary management tool in any organisation. While there is no doubt of their widespread use, it is important to review the effectiveness of your workplace policies both from a legal and operational point of view. The following five principles form the foundation of a successfully implemented and enforceable policy. DO NOT INCORPORATE

The operator of a Gold Coast pizza shop is being prosecuted for the alleged serially underpaying 27 employees a total of almost $20,000. Facing court are Scot Stuart Murphy and his private company VS Investment Group Pty Ltd. Through his company, Murphy owns and operates Mondo Pizza at Surfers Paradise. It is alleged the 27

Everyone knows running a business is hard work, but so is maintaining a marriage. This is a great article taken from the latest edition of Smarter Business Ideas. Allison Tait asked the experts how you can keep your significant other significant, and both of you happy. A business could be described as an unforgiving mistress.

Some medical certificates that employees present to substantiate personal leave provide very little information about the employees’ condition So, can an employer seek more information in order to assess the validity of the leave claim? Let’s first take a look at an example scenario posted to WorkplaceInfo. Claire HarrisonClaire Harrison is the Founder and Managing Director

In recent times, social media has shifted workplace dynamics by becoming an increasingly used tool for organisations to expand their business, but there are also employment-related issues that need to be addressed. With the limitless commercial potential, including opportunities to increase client base, branding, advertising and even recruiting staff, coupled with the growing trend of

The applicant was found not to be an employee but, instead, a contractor–principal relationship existed, and was hence not protected from unfair dismissal under s382 of the Fair Work Act 2009. Fair Work Australia has dismissed an application for unfair dismissal remedy for want of jurisdiction. THE CAB RANK SUPERVISOR’S SITUATION A man was engaged

A Westpac bank employee who seriously injured her back when a chair collapsed under her at work has been awarded more than $270,000 in damages. In the Supreme Court, the Westpac Banking Corporation admitted liability for the injury suffered by Tara Kim Andrews on December 12, 2006. However, it was left to Justice Duncan McMeekin

It has been 12 months of despair for some workers but a year of opportunity for others. Source: The Sydney Morning Herald Claire HarrisonClaire Harrison is the Founder and Managing Director of Harrisons, a flourishing HR consulting business that sprouted in 2009 from Claire’s passionate belief that inspiring leaders and superstar employees are the key success

Unions are pushing to make it easier for workers to claim unfair dismissal and for a more activist role for the workplace tribunal in settling industrial disputes. Source: The Sydney Morning Herald Claire HarrisonClaire Harrison is the Founder and Managing Director of Harrisons, a flourishing HR consulting business that sprouted in 2009 from Claire’s passionate belief

Brisbane Qantas workers face a nervous few days as rumours swirl among union officials jobs are going to be axed. Source: Brisbane Times Claire HarrisonClaire Harrison is the Founder and Managing Director of Harrisons, a flourishing HR consulting business that sprouted in 2009 from Claire’s passionate belief that inspiring leaders and superstar employees are the key