Anti-bullying law not designed to protect employees’ feelings

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 state.

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General Protections unfair dismissal

General Protections Claims rather than Unfair Dismissal Actions?

Disgruntled dismissed employees are increasingly lodging General Protections (GP) applications instead of Unfair Dismissal actions. Unlike unfair dismissal claims, GP actions don’t require employees to meet a number of required hurdles before they can be lodged. GP actions don’t even necessarily require termination of employment, only ‘less favourable treatment’ by the employer towards the employee, prospective employee or even a contractor

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age of entitlement

Beware the Age of Entitlement

We Australians have supposedly been basking in an age of entitlement.

The Federal Government’s recent Budget battles in part reflect its philosophical aim to change this. Treasurer Joe Hockey warned in an interview earlier this year ‘the age of entitlement is over, and we’ve got to move to a culture of opportunity and hope’. One thing Hockey has right is that many Australians are becoming more self-obsessed and self-absorbed than past generations. These claims are supported by Australian author Anne Manne, who observes that ‘society is starting to drown in a flood of ‘me, me, me’. Our culture is marked by a radical self obsession’. Manne cites a few interesting reasons why. 

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drug and alcohol.

Managing the Risk of Drugs and Alcohol

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.

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Preventing workplace bullying through early intervention

Workplace bullying complaints are on the rise, and imminent changes to the Fair Work Act will allow complaints to be dealt with at a Federal level. According to Steve Champion, Director of ER Strategies, the best prevention is to recognise workplace conflict and deal with it before it escalates into allegations of bullying or harassment.

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difficult conversatons

Your Guide to Handling Difficult Employee Conversations

Maybe you’ve had other employees approach you and complain that a particular individual is always having long, loud personal conversations on the phone.  Maybe they are always ‘sick’ on Mondays and Fridays and near public holidays?  Perhaps they smell of booze when they come back from lunch or seem like they’re suffering a hangover a lot of the time.

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Wage Schedules 2019

The 2019 Annual Wage increase decision is here

This year’s annual wage review resulted in the increase of 3%. The national minimum wage will increase from $719.20 per week or $18.93 an hour to $740.80 per week or $19.49 an hour. Our consultants explain the reasons behind the decision, what that means for your business and when the increase will come into effect. Our updated wage schedules are now available for download to reflect the increase.
Dealing with Sickies

What to do about suspicious medical certificates?

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.
excess sick leave (2)

Take an interest in excess sick leave

Staff who regularly take sick days without repercussions are likely to continue doing so - this will have a negative impact on other workers who may soon start to follow suit, or feel aggrieved because they are at work doing the right thing. There are several theories on best practice when it comes to dealing with absenteeism, but the key is for employers to show an interest.
annual leave loading payments (2)

Does superannuation apply to annual leave loading payments?

A common question that we receive at ER Strategies is whether superannuation contributions need to apply to annual leave loading payments. Annual leave loading was originally introduced into awards in the 1970s on the basis that it compensated employees for the lost opportunity to work overtime when they were on annual leave and thereby earn extra income.
Wistleblower protection 2

Expanded ‘Whistleblower Protections’ are coming – will you be ready?

The expanded coverage of the legislation is - at least in part - a response to the release of the findings of the Hayne Royal Commission into the Banking, Superannuation and Finance sector. However, the new laws will impose significant new obligations on a much wider range of businesses than previously covered.
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