Appropriate Behaviour at End of Year Events

jmhWith holidays around the corner, it’s not surprising that many employees tend to lose their inhibitions at work-related end of year celebrations.

Employer Responsibilities

As part of their obligations, and to avoid the litigious pitfalls due to an employee’s inappropriate conduct, employers must take reasonable steps to mitigate their legal exposure and to avoid inappropriate workplace behaviour at the Christmas party, or any other work function

Practical Steps for Employers

Ten basic precautions employers can take include the following:

  1. Ensure all policies and procedures are clear and that they are understood by all employees. A written reminder just prior to the function may assist to ensure employees are aware of the company’s expectations with regard to their behaviour.
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Off-Setting Modern Award Obligations

jmhModern awards have covered most workplaces from 1 January 2010. A common misconception is that paying above award rates will automatically release an employer from compliance with award obligations. Unfortunately, it is not that simple.

Awards govern more conditions than just pay rates, for example, rostering arrangements, allowances, and shift penalties. An employer needs to take positive steps to comply with, vary, or exclude the operation of these and other award conditions.

A breach of award conditions can attract civil penalties of up to $33,000 for a corporate employer and individuals involved can also be penalised up to $6600 for each breach.… Read More

The Employment Contract Checklist

jmhMany employers use employment contracts that are out-dated, or may not have employment contracts for their staff at all. Are the employment contracts your business uses up to scratch?

Employers need to ensure their employment contracts comply with the current legal requirements. This means contracts need to be compliant with the National Employment Standards and the applicable Modern Award.

The National Employment Standards provide for minimum entitlements, such as hours of work, leave entitlements, flexible working arrangements and more.

For example, Business Pty Ltd is employing a new full-time administrative assistant. All Business Pty Ltd’s full-time staff work a 40 hour week.… Read More

Redundancy Rights and Risks

jmhIf you are an employer faced with the difficult task of making employees redundant, it is important to know what obligations you have and what steps you ought to take to meet those obligations.

If you are an employee faced with redundancy, it’s important to know your rights and ensure you receive the correct entitlements.

What does redundancy mean?

A redundancy occurs when employment is terminated because the employer decides they no longer want that person’s job to be done by anyone, or because the employer becomes insolvent or bankrupt.

In order for a redundancy to be a ‘genuine redundancy’, it must be shown that:

  1. The job will not be done by anyone else and the position will not be filled by any other person.
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