Casual unfair dismissal

Unfair dismissal…and casuals?

Hands up if you know that casual staff can’t claim for unfair dismissal? If that’s you – think again. In the 2018 decision Gwatkin v Sai Group of Businesses t/as Premier Hotel Pinjarra*, the Fair Work Commission (FWC) held that a casual employee was entitled to an unfair dismissal remedy on the basis they met the minimum employment period, that their work pattern was ‘regular and systematic’ and they had an ongoing expectation of work. [cue sound of record needle …

It’s private thankyou…

Have you ever wondered about the privacy of information and the responsibilities the Privacy Act 1988 (Privacy Act) and the Australian Privacy Principles (APP) may place on your business? You wouldn’t be alone if you have, especially given some high profile data breaches that have hit the media in recent memory (*ahem* Facebook). All these high profile data breaches have made many consumers think of how you use and store their personal information as a business. The 2017 Australian Community …

Why do SME businesses need human resource (HR) services?

In the same way that all business owners are in the business of sales and marketing – all business owners with staff are in the business of human resources (HR). Why do we say that? It can cost up to 50% of a team member’s salary to replace them if you don’t recruit the right person first time around – yep, that’s $35,000 for someone on $70,000 Wages are the single most reported cost pressure for WA businesses – so …

Qbit: motivating a small business team to deliver great customer value

“Staff engagement” is a hot topic and there’s lots written about the positive impact it can have on your business. Studies suggest that high levels of staff engagement are linked to improvements in customer ratings, profitability, productivity, safety and quality amongst other things (source here). Rob met Fabio Suffell of Qbit at a recent event and heard about some of the ways Qbit support and engage their team to deliver excellent service. We persuaded Fabio to share some of the …

Small Business Fair Dismissal Code

Small businesses have different rules for dismissal which are set out in the Small Business Fair Dismissal Code (the Code). A small business is any business with fewer than 15 employees calculated on a simple headcount of all employees who are employed on a regular and systematic basis. This includes any casuals employed on a regular and systematic basis. The Small Business Fair Dismissal Code provides protection for small business employers against unfair dismissal claims, where an employer follows the …

Employment law and franchises

Taking on a franchise has loads of benefits for starting your first business. Don’t know how to market your product? The franchisor does. How do you compete with multinationals? Franchises act like a cooperative in this regard. But how do you legally hire and fire your team (plus everything else in-between)? Well, from an employment perspective, this is where you do need to understand that you’re still an employer in your own right…albeit franchisors now stand to bear some of …

3 (employment) things you need to know before selecting your company structure

In your business’s lifetime, there may come a point you think about changing your business structure. If you’re thinking of becoming a Pty Ltd entity, or making any change that changes which systems of industrial relations apply to your business, there are some things to considering at the planning stage 1) There are two industrial relations systems that apply in Australia The national system – managed by the Fair Work Ombudsman – covers Proprietary Limited companies – that is, Pty …

Casual conversion fair work

Casual right to become permanent

***** Important Note***** As at 1st October 2018, the Fair Work Commission have approved the Model Clause relating to casual conversion rights and obligations for award-covered employees. These changes take affect across the remaining industries not already covered by these provisions. Read our updated article HERE. **************************   For those of us who love staying on top of the latest HR news, it has been hard to miss the major changes that the Fair Work Commission announced following their 4-year …

An HR basic which could save your business money

Did you know… there are two systems of workplace laws in Australia and using the right one could save you money and headaches? Generally speaking, if a business is set up as a “Proprietary Limited company” – that is, as a Pty Ltd entity which hasn’t offered shares to the general public – then staff fall under the national employment system. This is managed by the Fair Work Ombudsman (www.fwo.gov.au). But if a business is set up as a sole …

Business networking in Perth – our experiences

By Clare Mullen RAW Human Resources has officially been in business since March 2016. But like many businesses with just one staff member, Rob spent the first 18 months or so focused primarily on delivering services. When I joined the business late 2017, it was an opportunity to look at new ways of connecting with other businesses. Since then we’ve learned a lot about the business networking scene in Perth… Getting help with the people issues in your business can …