Resignation: Do Casuals Need to Give Notice?
The required notice of termination period to be given by an employee when resigning is determined by the applicable modern award, enterprise agreement, or the terms of an individual’s contract of...
REBOOTING YOUR WORKFORCE
PLANNING YOUR BUSINESS' RETURN TO WORK It now appears clear that both State and Federal Governments are now planning the way out of COVID-19 restrictions and easing restrictions for business with a...
Out of the Ordinary Approach by FWC in “Unprecedented” Times
The term “unprecedented” is now being widely used in the current industrial relations landscape. This is particularly the case with many well entrenched industrial relations principles being...
Standing Down of Employees During the Covid-19 Emergency
In the past week we have fielded many questions relating to the issue of standing down employees. This issue naturally arose last week with the Government announcing that Pubs, Clubs and Restaurants...
Valid Reason – But “Ambush” and “Predetermination” deemed Dismissal Unfair
The Fair Work Commission (FWC) has recently ruled in an unfair dismissal matter that an employee's lack of formal qualifications provided a valid reason for dismissal. However, the FWC ruled that...
Annualised Salaries and Casual ‘Double Dipping’
ANNUALISED SALARIES Considerable Changes to Awards Regarding Annualised Salaries Provisions The Fair Work Commission (FWC) has made wholesale changes to many Awards related to the annualised salary...
5 common myths about Performance Management, Discipline and Termination
1. Employees know their job, so they don't need performance reviews or performance management No matter how well your employees know their job or how well they perform, it is always essential for...
Top tips to beat the January blues in the workplace
Keeping morale and productivity high in January can be a challenge. Here are our tips to beat the January blues in the workplace. After all the hype and festivity surrounding Christmas and the New...
Overtime for Casuals
FWC Rejects a Claim to Load the Casual Loading into the Overtime Rate in the Hospitality Sector The Union representing employees in the hospitality sector United Voice, have sought variations to the...
Your Workplace Christmas Party
Do you have your HR Policies in place to cover issues that may occur at a Christmas party (or other social event), such as harassment (including sexual harassment), work health and safety,...
Drugs & Alcohol at Work. A Dismissible Offence?
Full Bench Decision Raises Concerns Over Finger Scanners – and Other Privacy Matters Drugs and Alcohol at Work – a Dismissible Offence? A recent decision by the Full Bench of the Fair Work...
The Woolworths Debacle – Is it Really “Wage Theft”?
The term “wage theft” is a relatively new term that seems to have had its origins arising from the 7-Eleven case a few years back and continues to be widely used to describe situations where...
Medical Certificates for Sick Leave
Can you ask for further details? In recent times many of our clients have asked if they can challenge a medical certificate or ask for further details about the employee’s illness or injury. One...
Drugs and alcohol at work – a dismissible offence?
Dismissing an employee who turns up for work while drunk or on drugs might seem like the right thing to do at the time, however, hasty decisions could expose employers to substantial legal risk....
Accrual and Payment of Sick Leave has Changed Federal Court Decision Likely to Provide Headaches for Payroll
The Full Federal Court of Australia has handed down a decision in Mondelez Australia Pty Ltd v AMWU [2019] FCAFC 138. The decision deals with the method of accruing and taking paid personal/carer’s...