Tag: employment law

HR Policies and Procedures

The Need to Get Your Policies and Procedures Right

I recently spoke at the Gold Coast Small Business Expo about the importance of policies and procedures and how critical they can be in the workplace to set the standard for behaviour and performance; but moreover how important they can be in the mitigation against unfair dismissal claims and other employment law litigation.

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Casual Employee Resignation

Resignation: do casuals have to give notice?

Does a long-term casual employee have to give notice of resignation? This question has recently been posed the question by a number of clients.

Generally, there is no requirement for casual employees to provide any notice by the employee or by the employer to the employee. The required period of notice of termination to be given by an employee upon their resignation is determined by the applicable modern award, enterprise agreement or the terms of an individual’s contract of employment.

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HR, Employment Law

Fair Work Commission’s Endorsement of PIPs and Dismissal Process – A Lesson in Getting the Process Right

Many of our clients who have been to our Performance Management, Discipline and Termination Seminars would be familiar with Performance Improvement Plans (PIPs) and how important they are in the performance management process and possible termination of staff. Those seminars also highlighted the need to undertake a fair and reasonable process in the termination of employment

In a recent decision in the Fair Work Commission (FWC) Hogendorn v Nokia Solutions and Network t/a Nokia [2020] FWC 4476, 25 August 2020, the FWC has upheld an employer’s PIP finding that the employer’s performance improvement and dismissal processes were “properly instituted and undertaken”.

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Closed

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 be closed and staff of these establishments were entitled to be stood down.

However, there were many other businesses which saw these staff being stood down and assumed that they had the right to do so as well. Many were under the misapprehension that if there was a slow down in trade that then gave right to a stand down. For example a manufacturing company was of the belief that the pandemic had resulted in less orders and therefore less work, so that they could stand down staff.

Unfortunately, it’s not that simple.
If you stand down an employee without a legal right to do so and you don’t pay wages, you may effectively be dismissing the employee, or you may be required to make good any underpayment during the period of the stand down.

The Employer’s right to stand down an employee may be provided by an employment contract, an enterprise agreement or more likely, the Fair Work Act 2009 (Cth) (FW Act).

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