Domestic violence leave in Australia

Posted by | Articles, Dispute Resolution & Advocacy, HR Advice & Support | No Comments

In the employment law space, there has been growing debate on whether all Australian employees should have a minimum entitlement to take either paid or unpaid domestic violence leave. The debate was reinvigorated in March, when, as part of the four-yearly review of modern awards, the Fair Work Commission introduced 5 days’ unpaid domestic violence leave for all award-covered employees.

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What’s in a name: The effect of a position title on Modern Award coverage

Posted by | Articles, complaince, Contracts, HR Advice & Support, modern award, Terminations, Unfair Dismissals & Adverse Action, Training & Compliance | No Comments

It is a common misconception amongst employers that a senior position title and high income can exclude an employee from being covered by a modern award. Not so. Instead, employers must look to the principle purpose of the position the employee was performing to assess whether it is covered by the classifications of roles covered by the award.

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Maximum term employees may be entitled to make unfair dismissal claims and be paid redundancy

Posted by | Terminations, Unfair Dismissals & Adverse Action | No Comments

A maximum term contract is a contract which automatically ends at the expiry of a specified period while giving either party the right to terminate prior to the specified expiry by giving notice. This can be contrasted with a fixed term contract, which is also for a specified period but which does not make provision for early termination.

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What are your business’ New Year’s workplace relations resolutions?

Posted by | Articles, Contracts, Discrimination & Bullying, Dispute Resolution & Advocacy, HR Advice & Support, Industrial Relations, Terminations, Unfair Dismissals & Adverse Action | No Comments

HRD Australia recently reported that the success rate of Australian employers in unfair dismissal cases has dropped below 40% for the first time – while these remain the claim of choice for employees, with an unfair dismissal claim lodged every three and a half minutes in Australia.1

We expect hot topics for workplaces will include managing poor performance and bullying and stress claims, avoiding award or NES breach claims (and the risk of huge new penalties) or discrimination claims.

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The Infamous Office Christmas Party: How to Celebrate the Silly Season Safely

Posted by | Articles, Christmas party | No Comments

When organising your office party this year, there are a few things to be mindful of. Your duty of care as an employer extends to the actions of your employees at a work-sponsored event, even if it held off-site or outside of office hours.

Ensuring a safe, fun and professional event requires ensuring responsible behaviour compliant with occupational health and safety standards and avoiding employees experiencing sexual harassment, discrimination, bullying or other inappropriate treatment.

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External advisers and HR managers accessorily liable for breaches of the Fair Work Act as penalties for breaches intensify on small businesses

Posted by | HR Advice & Support, Industrial Relations, Performance Management & Misconduct Investigations | No Comments

In a recent decision of the Federal Circuit Court an external accountant who advised a business on its employee arrangements was held liable under the accessorial provisions of the Fair Work Act. This decision is a red flag to external advisors who are closely involved with HR, payroll and employee entitlements of employer businesses.

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Performance and Conduct Issues for Employees Raising Mental Illness

Posted by | Articles, HR Advice & Support, Performance Management & Misconduct Investigations | No Comments

Around 45% of Australians aged between 16 and 85 will experience a mental illness in their lifetime, and 1 in 5 Australian adults will experience a mental illness in any given year.[1]  Therefore, it is very likely that from time to time an employer will need to performance manage an employee who is experiencing a mental illness.

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