SIck leave and under performance

Handling personal leave and under-performance – tips that work.

Getting sick is a fact of life but what happens when an employee is also starting to slowly under-perform and you’re finding it hard to broach the topics? This scenario is made all the harder because you know: If you terminate an employee for taking an entitlement to leave, you’ll face some very stiff consequences (called an ‘adverse action’). If you manage the employee’s under-performance and in any way make it because of taking leave – there remain stiff consequences …

casual conversion

Casuals going permanent. What do you mean it’s the law?!

Picture this… one of your casual employees has asked to see you tomorrow morning to discuss wanting to go permanent. They really caught your attention when they mentioned something about you ‘have to let them because they heard on the news last night that all casuals can now go permanent if they ask‘. Given the sometimes complex and varied changes in our industrial relations systems in Australia, you can be forgiven for being on the backfoot with this question. However, …

employment record keeping

Records. If only I’d known….

Records – in particular, records relating to employment. *yawn* But….what if we told you this is often the one area that employers wish they’d paid attention to before they were hit with penalties by an industrial regulator? In our travels, we regularly see missed record keeping requirements that would fail an inspection by an industrial regulator. For example, not having the correct pay level recorded, no date of commencement of employment…or there being no record of the termination of employment! …

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 …

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 …

Have you updated your overtime and shift rates yet?

The Fair Work Commission (FWC) regularly publishes updates to aspects of National System workplace laws. In case you missed it, in December 2017, the FWC published its final decision relating to the treatment of overtime rates and other entitlements in some modern awards. These changes centred on part time and casual employees and took effect from the first full pay cycle commencing on or after 1st January this year. Broadly speaking, the changes introduced overtime rates for casual employees in …

Domestic Violence Leave is on its way

Domestic violence can have catastrophic effects on families and often goes well beyond this to affect both the general community and employers (and fellow employees). Although it can affect both genders, it disproportionately affects women. In their 4 yearly review of modern award– Family and Domestic Violence Summary of Decision , the Fair Work Commission (FWC) cites that family and domestic violence is the leading contributor to death, disability and ill-health among Australian women aged between 15 and 44. It …

Are you breaching workplace laws without realising it?

Do you know all the workplace laws governing how you pay your employees (overtime, penalties, minimum wages etc) and your pay slip and record-keeping requirements? The Fair Work Ombudsman (FWO) recently released their findings from a campaign targeting these issues amongst Barossa region employers and found that half the employers investigated were breaching these requirements, some without even realising it. Apart from issuing on-the-spot fines, the FWO also directed the back payment of wages to workers who were affected by …