Damien Gooden 
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.
The explanatory memorandum for the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 provides the following overview:
Commission-only employee gets $28,000 in backpay.
Our Answer – whilst in some situations engaging employees on a commission-only basis can be achieved practically, the main issue is that the employee can never receive less than their legislated minimum entitlements, including entitlements to minimum hourly rates.
Irrespective of their size, companies have a wide range of policies and procedures in place that their workers need to be aware of – which is why a staff handbook can prove useful. Comprehensive and easy-to-understand employee handbooks should detail employment policies and procedures, clearly articulating your business’s expectations of employee behaviour and performance in their roles.
Disciplinary procedures are a normal, yet important part of any workplace, regardless of size. However, across different businesses, the disciplinary procedures and when they are used can differ a lot. This can be due to a number of factors, including accepted standards of behaviour or the approach of the owner or manager.
The Australian Human Rights Commission Act 1986 (Cth) applies to all employers and employees as well as prospective employees – permanent or casual. The Act includes discrimination on the basis of a ‘criminal record’ where an employee is dismissed from employment or denied certain opportunities due to a criminal record. Further, a job applicant may be discriminated against through being denied the job because of their criminal record.
It is a common belief amongst employers in Australia that it is okay to fire new employees without notice. Many employers also believe it is okay to terminate employees in the first few months of employment without reasoning or following the proper procedure. But both of these beliefs are simply untrue.
When people are thrown together for eight hours a day, five days a week, conflict is probably inevitable. After all, without some lower levels of conflict or competition, workplaces would be very boring places indeed, with little or no differing opinions or exchange of ideas. However, if the conflict escalates there are generally no positives to be gained.
The employee must provide evidence to the employer that they were genuinely entitled to sick leave. Generally, a medical certificate is a legal document that should satisfy the employer of an employee’s inability to work. This doesn’t mean that an employer can’t question the validity of the medical certificate.
Do you dread having to sit your employees down to deliver ‘bad news’ for them about their performance? Do you put off having difficult conversations with your employees as a result?
