Tag: employment law tweed heads

Payroll

Excessive Hours – do you have a Duty of Care to your Employees?

The question as to what is considered to be reasonable hours is a question that is often posed to us by or clients. Indeed there are many employers who have contracts with salaried staff which provide a “cover all” clause which states that “the employee shall work whatever reasonable hours are required to perform their role”…or words to that effect.

Therefore, there is an expectation from employers that employees often have to work longer hours to get a job done. But where is the line drawn between what are reasonable hours and what is excessive? What are the consequences for employers if employees work excessive or unreasonable hours?

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3 warnings, employment law

Busting the Myths About Warnings

“3 Strikes and You’re Not Always Out”

Issuing employees with official warnings is probably the most common form of employee discipline. Warnings are appropriate when an employee’s performance or conduct is significantly unsatisfactory, but the situation is either not serious enough to justify dismissal, or the employee’s actions are considered to be serious, but maybe out of character.

Issuing warnings to staff is regarded as good practice, both to defend claims of unfair dismissal and as a means of possibly avoiding the need for dismissal.

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Federal Government’s IR reforms – significant changes ahead

Late last year, the Federal Government introduced into Parliament the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (the Bill), which represents a significant shift and an overhaul of Australia’s workplace relations regime not seen since the Fair Work Act was introduced in 2009.

The Bill has been developed with input from a range of stakeholders, through a process of IR working groups formed with unions and employer representatives established in the wake of the COVID-19 pandemic.

The Government’s proposed amendments to the FW Act are said to provide more clarity and certainty to employers (and employees) about their rights and responsibilities, while promoting flexibility in employment relationships, and a more streamlined industrial relations system.

Here are some of the key changes proposed in the Bill:

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Case Shows the Need for Proper Investigations

An employee who was dismissed for allegedly stealing customer’s property has been successful in his unfair dismissal claim because the Fair Work Commission (FWC) found that the employer had botched the investigation into the matter. In Hatch v WesTrac Pty Ltd [2020] the FWC found that the employer had failed to properly interview two

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