14/12/2016HR Infrastructure, Employee Issues, Performance Management

We are continually relying on our mobile phones and other mobile devices for everything from checking the weather to keeping in contact with each other on social media. With such a high reliance on mobile phones, chances are your business has had issues with employees using their phones while they...

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13/12/2016Employee Issues, Narcissism at Work

We have previously written about employees who will do whatever it takes to get back at their employer, where they feel they have been wronged. There are others who simply will fight based on principle . Others will just walk away, perhaps because they are confident they can get a job elsewhere,...

09/12/2016HR Infrastructure, Discrimination/EEO, Employee Issues, Safety

Work Christmas parties are a chance for employees to let their hair down, celebrate their achievements from the past working year, and it can also be a great chance for your employees to bond. However, although the work Christmas party can be fun, it can also be fraught with dangers. Such dangers...

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16/11/2016Franchising, Legislation

We have in recent weeks seen two significant developments that demonstrate the FWO’s success in lifting the bar on both franchisor and managerial responsibilities in taking steps to ensure franchisee payroll compliance. The Yogurberry Decision: National Audit & Payment Rectification The...

17/10/2016Employee Issues

The Fair Work Commission’s 2015-2016 Annual Report reveals that General Protections (GP) claims involving the dismissal of an employee have decreased slightly by 3.3% compared to the previous year. Whilst a significant decrease in momentum from the previous year’s increase of 17.5%, it still shows...

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10/10/2016Franchising, Discrimination/EEO, Employee Issues, Legislation

Employment Minister Michaelia Cash recently launched the new Migrant Worker Taskforce , saying that the taskforce would bolster the Government's efforts to crack down on employers seeking to take advantage of migrant workers and deliver on its pre-election commitment to better protections for all...

25/08/2016Franchising, Employee Issues, Legislation

As the politicians return to Canberra for the opening of the 45th Parliament of Australia, we will see how the government intends to pursue its changes to the Fair Work Act (FWA) to protect vulnerable workers. The new Senate comprises 30 Coalition, 26 Labour and 20 cross-bench senators, 9 of those...

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18/08/2016Wage Rates, Franchising, Legislation

The Fair Work Ombudsman, Natalie James, has provided a clear warning to HR Managers that their role as Advisors on workplace relations laws sees them with potential Accessorial Liability should their employer or associated businesses be found to be in contravention of workplace legislation. When...

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11/08/2016Discrimination/EEO, Legislation

Note - there are a variety of factors to consider, including possible significant impacts on your workers' compensation premiums as well as multiple remedies available to dismissed workers. Always seek specific advice before acting. Our workers' compensation specialist partner, Warren Saunders...

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08/08/2016Franchising, HR Infrastructure, Employee Issues

We were keen to find out more about franchisors’ perceptions of the depth of the problem of payroll non-compliance in Australia, as well as some of the wider implications for the sector, and how compliance could be improved at franchisee and franchisor levels. This has been prompted by the well-...

05/08/2016Employee Issues, Legislation

Q: I want to fire an employee who has been with the business for around 6 months, what do I need to know? A: Many employers fail to consider whether employees have been employed long enough to take an unfair dismissal action before terminating them. First, you want to know whether they would be...

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03/08/2016Leave, Awards

A recent Full Bench annual leave decision has resulted in numerous awards being updated with new or changed terms in relation to various aspects of paid annual leave, such as cashing out excess leave or directing staff to take excess leave. The changes take effect from the first pay period on or...

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31/05/2016Workplace Stress, Employee Issues, Legislation

In a recent case an Aboriginal medical service receptionist’s anti-bullying application was dismissed. The applicant alleged she had been bullied by three of her colleagues. She claimed they behaved inappropriately towards her, made comments which made her feel uncomfortable and affected her mental...

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10/05/2016

Here’s our answer: Employee Injured Overseas All States and Territories in Australia have enacted complementary cross border legislation. The relevant Workers’ Compensation Authority of each State and Territory apply the “State of Connection” test to determine the State or Territory an employee is...

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28/04/2016HR Infrastructure

If you are like us, you are probably looking for any opportunity to cut down the number of emails in your inbox to only those that interest you. Our monthly newsletter is limited to articles of general interest about employee relations issues. However, we also create many articles on our website...

15/04/2016Leave, Employee Issues, Legislation, Awards

Shut Down Employers may need to temporarily close down their businesses for a range of different reasons, this is considered a shut down. Shut downs may occur because of refurbishments or during slow periods of the year, such as Christmas and New Year. For example, an employer may need to shut down...

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07/04/2016HR Infrastructure, Employee Issues

We have recently been asked by clients what they can do when they have accidentally overpaid an employee. In one specific case, the overpayment came as a result of a simple payroll clerical error, where the client inadvertently entered too high an hourly rate into the payroll system. Can you deduct...

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06/04/2016Discrimination/EEO, Legislation

Reports for the 2015/16 reporting period under the Workplace Gender Equality Agency (WGEA) legislation are due between 1 April 2016 and 31 May 2016. For the 2015/2016 reporting period, several changes have been made to the reporting requirements. The changes to the reports due in 2016 affect the...

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25/02/2016Workplace Stress, Discrimination/EEO, Employee Issues, Legislation

Recent cases awarding large sums for compensation and damages to employees serve as a warning to employers of the irreparable damage these legal claims can cause. A large penalty could not only cause significant time and financial loss, but can also cause irredeemable damage to the employer’s brand...

09/02/2016Wage Rates, Employee Issues, Legislation, Awards

Our 2015 Fast Food Industry audits revealed 84% of stores had underpayments occurring

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