Disgruntled dismissed employees are increasingly lodging General Protections (GP) applications compared to Unfair Dismissal actions, despite unfair dismissals still being more common overall.
Whilst most businesses are winding down for a break over the Christmas period, some employers in Queensland, Western Australia and Tasmania are frantically trying to assess whether they will have sufficient staffing levels to survive the holidays.
As COVID-19 restrictions gradually lift across Australia, employees will be returning to work, or in some states, they may have already returned. It is important that employers therefore have a plan in place for their employees to return to work and how they will manage the COVID risk when they are back.
General Protections laws are intended to protect basic workplace rights, including freedom of association and shielding workers from workplace discrimination in accordance with international labour conventions. Under these laws, it is unlawful to take adverse action against a person because of a proscribed reason. Additionally, General Protections laws provide effective relief for persons who have suffered adverse actions, such as being discriminated against, victimised, or have experienced other forms of unfair treatment.
Wage theft has become a prominent issue in Australia, with the FWO recovering over $500 million in underpayments across the previous financial year. This figure has been growing year on year, highlighting that the issue has likely been there for sometime, yet is now coming into the spotlight. As a result, both Queensland and Victoria have brought in legislation.
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There are many different reasons as to why a business may be employment non-compliant and/or underpay its employees. Often an important factor is the industry that a business operates in, which can impact on the systems they use or even how complicated their employment obligations can be.
Organisations regularly conduct audits of their financial position. Similar reviews and analysis can be applied to the Human Resources Function, to compare your organisation against industry best practices, review compliance with relevant laws and regulations and to identify gaps.
Problems can arise when an employer deducts monies from an employee’s wages for reasons other than an employee’s benefit, such as meeting shortfalls in cash and stocks, deducting the costs of a uniform, the costs of a mobile phone, the costs resulting from of a car accident.
In this article we speak about our top 5 “must know facts” about avoiding unfair dismissal cases. Learn what constitutes a harsh, unjust and unreasonable termination and protect your business.
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