Damien Gooden 
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.
Providing or acquiring references for prospective employees can be a daunting process.
The Privacy Act is just one area of law that impacts on what managers can say or do in regards to giving a reference.
The Fair Work Ombudsman (FWO) – the independent statutory body responsible for enforcing compliance with workplace laws and education – has recently published a resource for franchisors providing guidance on their responsibilities and practical steps that they can implement to comply with the ‘reasonable steps’ requirements.
We recently had a client pose the question “Can we monitor an employee’s emails and what are the privacy concerns?” In researching the answer we came to the conclusion that the law is very confusing, with no one committing absolutely clearly what an employer’s obligations are. However, we offer a practical solution to the issue.
Most employers will already be aware of the need for flexibility during the crisis and its aftermath in relation to supporting employees during the clean up, difficulties they may face in attending work, providing time off for participation in any emergency services duties, etc. This is of course in the context of their business being able to re-open as quickly as possible and to resume normal business operations.
We often hear our clients say “Help me get this person out of my business!” We like to hear this, as we can provide the correct advice on how to either safely terminate an employee, or manage them to improve their performance so they can provide value to the business.
The FWO’s successful prosecution of the Yogurberry franchise has raised many questions on how franchisors can protect themselves from “accessorial liability” – being an accessory for payroll contraventions of the Fair Work Act.
As with the normal workplace, the employer has a responsibility to take reasonable steps to ensure employee safety and health and to provide an environment free from harassment and discrimination. Inappropriate behaviour at staff functions, which can be attributed to “good cheer” which often accompany these social events, can lead to employers being held liable.
A recent report published by the Franchise Council of Australia highlights how buying a franchise can be a very good business decision and can outperform the wider SME sector.
Conflicts or disagreements within the workplace are common, and often unavoidable. As a result, it is something employers need to have a strategy to come to a resolution without letting the conflict or disagreement develop and impact on the wider workforce and business as a whole.
