There are a number of factors that determine an employee’s eligibility to make an unfair dismissal claim. Just because an employee may feel as if they’ve been wronged, doesn’t necessarily mean that they are eligible to make an unfair dismissal claim.
Workplace issues pose a number of unique challenges to businesses of all sizes. From day-to-day employee management to specific problems such as absenteeism or situations that result in firing an employee, employers are often required to take a specific action
In 2020 and 2021, businesses were forced into a reactive approach to COVID-19, having to quickly implement work from home processes, putting together COVID-19 safety plans and assessing COVID-19 vaccination strategies and policies in quick succession.
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.
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.
The termination of an employment relationship can carry risks for a business, especially if the employee doesn’t agree with the decision. Employer-initiated termination falls into two categories, dismissal of an employee or a genuine redundancy situation. As an example, an employee may be dismissal due to their continued poor performance whilst an employee can be made redundant due to their role no longer being needed within the business.
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.
One of the most common workplace issue in Australia is work-related stress. As an employer, how should you be handling this?
While employee drinking and drug use during work hours has obvious implications for workplace safety, productivity, and reputation – consideration also needs to be given to the effects of consumption that occurs away from the workplace and out of work hours.
Last month, we published a reminder that the deadline for assessing casual employees’ eligibility for conversion to permanent employment and making an offer (or ‘non-offer’) was fast approaching. All employers of casual employees (other than ‘small business employers’) were required to complete a number of actions prior to the 27th of September 2021 deadline, including assessing and notifying casual staff about whether they are eligible for casual conversion under the Fair Work Act 2009.
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