Author: iOnline Admin
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Workplace Investigations
Need an independent workplace investigations expert? Our Gold Coast Workplace Investigations team can assist.
As an employer, it is almost inevitable that you will be faced with a complaint from one or a group of your employees at some stage. So why is it so important to ensure you conduct appropriate workplace investigations?
Employers must be able to establish the facts of what actually happened in order to make appropriate decisions for the matter. Without a thorough and considered approach, employers are more likely to make ill-informed decisions and face greater liability and potential litigation.
Getting it wrong can be costly. There are numerous avenues a disgruntled employee can choose such as unfair dismissal, adverse action, anti-bulling etc. The average cost of a workplace discrimination claim is $200,000. Which means that investing in a proper process to protect yourself and your business makes complete sense and could save you tens of thousands of dollars in the future.
Most employers fall into the trap of conducting a workplace investigation themselves or choosing the cheapest option possible. It is worth using an experienced workplace investigator who has solid experience and sound knowledge of the process – this will offer valuable protection down the track. Our Gold Coast workplace investigations team delivers professional workplace investigator services to help your organisation sit in a defensible position in the event a claim is raised by an employee.
Our Gold Coast workplace investigations team are appropriately trained in how to manage an investigation and determine findings. Failure to carry out a procedurally fair and robust investigation could come back to haunt you at a later date.
Industryus HR specialises in conducting workplace investigations Australia wide, however large or small. We also work with law firms where an independent workplace investigation is required.
Call us on 07 5655 4047 or click here if you need advice or assistance.
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Penalty rates: the changes summarised
On 23 February 2017, a decision was made by the Fair Work Commission (FWC) to vary Sunday and Public Holiday penalty rates in some retail and hospitality modern awards. Below outlines the main changes and when they will take effect.
What are the changes?
The revised penalty rates for Sundays:
The revised penalty rates for Public Holidays:
Although also reviewed, no changes were made to the Clubs Award public holiday rates.
When will the changes take effect?
In an effort to mitigate the hardship for employees who currently work Sundays, the FWC has advised that changes relating to Sunday penalties will not be implemented immediately. Rather the FWC reports that a transitional approach will be undertaken whereby a series of annual adjustments on 1 July each year, commencing 1 July 2017, will occur to coincide with any increases in modern award minimum wages. Public holiday penalty rate changes will take effect on 1 July 2017.
If you would like to read the full summary of the FWC decision go to:https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2017fwcfb1001-summary.pdf
If you need assistance with using and interpreting modern awards, call Industryus HR on 07 5655 4047 or click here to view our HR services. If you need the peace of mind of having access to regular HR advice on matters such as penalty rates, perhaps our advice membership is worth considering.
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Make your new employee’s first day awesome! Here’s how..
Ever turned up to a new employer on your first day and it’s complete and utter chaos? Many moons ago I recall being enormously excited about landing my dream job, only to turn up and the guy who was supposed to greet me had decided to take the day off. No-one even knew I was starting that day! Let’s just say, that was a short lived career move. So make sure you make your new employee’s first day much better than my own experience.
So if you are keen to impress the socks off your new employee and give a lasting first impression, below are some practical tips to make your new employee’s first day enjoyable.
Make sure everything is ready for them – set up computers, system passwords, stationary, seating arrangements etc. BEFORE they arrive. Spending an hour on the phone to your IT provider to sort out logon problems is not a good look.
If you are the agreed contact person be available. Block out your calendar and let people know you won’t be available for meetings or phone calls during the agreed time frame. Make your new employee feel important.
Also make your new employee feel welcome – take the time to introduce them to each direct team member individually and also assign someone as their go to person for their first few days. Your new employee will inevitably have questions that need quick answers while they are settling in.
Make an induction plan – schedule in specific times for meet and greets, compliance training, site tours etc. This way your new employee can see what they have on for the day and won’t feel lost and confused.
Before your new employee leaves for the day, ask how their day was and if they need anything else. It’s always best to leave a positive last impression before they give their ‘first day scoop’ to their loved ones. Hence why it is important to make your new employees first day enjoyable.
If you would like to some help to design an induction and on boarding process for your organisation, call us on 07 5655 4047 or contact us via email here.
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Extended lunch breaks
Q: One of my employees has recently been pushing the boundaries with his lunch break. This week alone he has been late back from lunch twice and I am worried it will continue. I have tried to address it by making a comment or joke each time it occurs, but he doesn’t seem to be getting my hints. How can I manage this better to stop him taking extended lunch breaks?
A: It can be uncomfortable managing undesirable behaviours of our employees, particularly in a small business where everyone works so closely together. Unfortunately the reality is though, if the situation isn’t addressed it may be interpreted as the employer condoning a flexible approach to lunch breaks and other employees may follow suit.
I read a great quote today; you can be comfortable or courageous, not both. Being comfortable is continuing to drop hints to the employee in the hope he will one day see the light and show some respect. Being courageous is tackling the issue head on so he understands that the behaviour will no longer be accepted by you.
If you are ready to tackle the issue, set up an informal one on one meeting with your employee with the aim of having an open and honest discussion about his lunch breaks. Explain to your employee why you are meeting together. I.e. to discuss some instances where you noticed he was late back from his lunch break. Don’t be afraid to be specific and to explain to the employee how the behaviour is impacting the business. Make sure you also give your employee some air time to explain their side of the story, even if you don’t agree with their justification. Before you finish the discussion, reiterate your expectation in relation to lunch breaks and that you expect to see immediate improvement.
In most cases, this gentle and informal approach should see your employee’s behaviour improve. Should the extended lunch breaks continue, we recommend you seek assistance from a HR specialist such as Industryus HR, who can provide advice on how to commence a more formal approach. Call us on 07 5655 4047 or visit industryus.com.au.
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Breastfeeding and work
Q: One of my female employees will be returning from parental leave soon and is still breastfeeding. What do I need to do to meet my obligations as an employer in regards to breastfeeding and work?
A: Breastfeeding is a protected attribute under discrimination legislation. Therefore, employers should ensure they provide adequate facilities and breaks for breastfeeding/expressing to take place while at work. It’s important for employers to understand that failure to support breastfeeding/expressing in the workplace could constitute discrimination.
What does ‘adequate facilities’ mean? Providing access to a lockable and private room such as an office or first aid room where the employee can comfortably breastfeed/express when required is considered adequate in most circumstances. Employers should also ensure there is access to a fridge for milk storage to create a multi functional environment for breastfeeding and work.
Employers may like to produce a return to work guide for women who are returning to work after parental leave. Such as guide might explain what support and facilities are available upon their return to work.
If you would like to discuss a workplace situation or find out more about how we can support your workplace, please call Industryus HR on 07 5655 4047 or click here.
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The Great Aussie Sickie!
Who saw an increase in sudden onset sore backs, gastro and migraines last Friday 27th January due to the Australia Day public holiday? If so, you may need a new sick leave policy.
If you did, you are not alone. Let’s face it though, who wouldn’t desire an extra day off to make a very long weekend to bask in the amazing Gold Coast sunshine. However while thousands of employees couldn’t resist the temptation to to take this well positioned day off as a sickie, you as the employer suffered with short staff and important work that had to be postponed.
Under the National Employment Standards, full time employees are entitled to 10 days personal leave per annum to deal with personal illness, caring responsibilities and family emergencies. Part time employees are entitled to a proportionate amount according to the hours worked.
So what can employers do to better manage employees taking illegitimate sick leave “The great Aussie sickie”?
Since the Fair Work legislation was introduced back in 2009, the sickie has been a tough one to manage. There are risks for the employer if disciplinary action is taken against an employee for a temporary absence due to illness or injury. While the balance of power does seem to sit with the employee in this space that doesn’t mean the employer cannot introduce strategies to reduce the amount of illegitimate personal leave an employee takes.
The number one strategy any employer can rely on is to implement a company sick leave policy, which outlines clearly the expectations for taking all types of leave, including personal leave. The sick leave policy might outline areas such as procedures for calling in sick (when to call, who to call), in what circumstances a medical certificate is required and who to contact for questions about the policy. Where the employee is in breach of the policy, the employer may have the right to take action. It is recommended that employers seek professional assistance to draft such a policy and when considering disciplinary action.
An indirect strategy for reducing illegitimate sick leave is to create a work environment where employees enjoy coming to work every day. It seems simple but so many employers fail to see the connection between an engaged employee and their sick leave balance. It is proven time and time again that a highly engaged workforce will have fewer illegitimate sick days than one which is disengaged. Employers can adopt simple strategies such as regularly recognising employees for their work, offering genuine flexible work practises, listening to and involving employees in meaningful work, and generally making them feel valued on a day to day basis.
For any questions about the above article, or to discuss how Industryus HR could assist you with developing a sick leave policy or better engagement strategies, call 07 5655 4047 or visit industryus.com.au.
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How to make a position redundant
Q: I am planning to make some changes to the structure of my business and will probably need to make a position redundant. I am unsure of what entitlements my employee should receive. Could you assist?
A: Information relating to employer redundancy obligations starts at Section 117 of the Fair Work Act 2009 (the Act).
Essentially, employers must provide an employee whose position is being made redundant notice of the termination along with a redundancy payment. Notice of termination is outlined in the table in Section 117 (3)(a) of the Act and ranges from one week to four weeks dependent on the employee’s length of continuous service. Remember to add an additional one week for any employee who is over 45 years of age and who has been employed continuously for at least two years at the time the notice is given.
The redundancy payment is outlined in Section 119 (2) of the Act and ranges from four weeks to 16 weeks dependent on the employee’s length of continuous service. Note, the Act sets out the minimum entitlement to redundancy pay, and some employers may like to pay over and above this amount.
Note, if your employees are covered by an industrial instrument other than the Fair Work Act 2009 such as an Enterprise Agreement, employers will need to refer to that document.
On a final note we wish to remind employers that redundancy processes can be very complex and if executed poorly can have negative impacts on your business and its culture. Therefore, Industryus HR strongly advises employers seek external advice from a HR professional prior to carrying out redundancies.
Call us on 07 5655 4047 or click here if you require assistance.
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Recruiter or word of mouth?
Let’s talk word of mouth appointments over using a professional recruiter for your next hire.
So your friend/client/employee/third cousin knows someone who knows someone… Andrew is his name for the purposes of this blog post. “Andrew is just perfect for the role” you hear. “Andrew has loads of experience” you are told. “Andrew would fit right in here” you are promised.
Then, weighing up the time and effort you save in running a recruitment process, or the costs you save in appointing a professional recruiter to do the work, Andrew joins your team – because word of mouth referrals are the best way to recruit someone, right?
Read on…
A month or two later you start to see issues with Andrew. He doesn’t seem to be grasping the role, the experience you thought he had is not evident, and he really isn’t such a great fit after all. So now you are left in the position of cleaning up and starting all over again, albeit now you are a couple of months behind. Don’t forget you still have to tell your friend/client/employee/third cousin that Andrew just didn’t cut it – awkward!
Despite the doom and gloom presented in the above scenario, there is still a place for word of mouth referrals. However, where referrals are not weighed up against other possible candidates to ensure the very best person is chosen for the position, it will more often than not end in disappointment for the employer. In fact, the above scenario is based on a true story. Over the last two week period we have heard from two clients who are having the exact issue as described above they’ve fallen for the word of mouth referral trap.
For this reason, we recommend that employers ALWAYS advertise vacancies. Where there is a referral received from someone you know, the referral could be added to the relevant pool of candidates so that you can be assured you are basing your recruitment decision on merit, rather than someone’s opinion. Remember, while a recruitment process does take more time and effort than quickly appointing a referral, a recruiter using a good process takes significantly less time to manage than a failed referral.
If you would like assistance using an experienced recruiter, call Industryus HR on 07 5655 4047 or click here for more information.
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Parental leave entitlements for a new employee
Q: One of my full time employees has just told me that she is four month’s pregnant and due in September 2017. This employee only started with our company two months ago. Do I have to grant her parental leave?
A: For this particular set of circumstances, the short answer is no. According to the Fair Work Act 2009, in order to be entitled to parental leave, which is currently 12 months of unpaid leave, a full time employee must have completed at least 12 months of continuous service with the employer immediately before the birth (or expected date of birth) of the child.
However, it is important to note that the Fair Work Act 2009 sets out the minimum standard only. This means that notwithstanding the minimum requirement, an employer could still choose to approve 12 months unpaid leave, or an otherwise negotiated time frame with the employee if they do not qualify due to their length of service.
Whether an employer considers approving parental leave where there is no entitlement really depends on the individual set of circumstances. For example, the employee may have a particular skill set that is difficult to find in the market and the employer chooses to grant parental leave as a way of retaining these skills into the future. Or another example is where the employer has invested a lot of money in to training and on balance it makes more sense to grant a period of parental leave than to retrain a new person in the role.
It is always recommended that employers seek specific and tailored advice from an employment relations specialist in relation to employee entitlements. If you require assistance call Industryus HR on 07 5655 4047 or click here.
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Abandonment of employment
Q: My employee has not shown up for work for three days and has not made contact at all to let us know what’s going on. Can I terminate the employee?
A: This situation could potentially be an abandonment of employment situation. Abandonment of employment occurs when an employer reasonably concludes that an employee no longer intends to be bound by the employment agreement that was entered in to, and therefore has a right to end the employment relationship by termination. Before acting however, there are a number of critical steps an employer should take.
In order for an employer to safely deem an employee to have abandoned their employment, the employer first must make a number of genuine attempts to contact the employee over a reasonable time frame to understand the reason for their absence. A genuine attempt includes trying to make contact by a combination of calling the employee’s home phone and mobile phone numbers, sending an email to a known personal email address, contacting a listed next of kin or any other usual contact method that your business uses. Failing these attempts, a letter on company letterhead should be sent to the employee’s home address asking the employee to make contact.
If the employee remains non contactable after a number of genuine attempts to make contact have been made, the employer may be in a position to terminate the employment relationship. However, as with any process which could potentially involve termination, it is highly recommended that employers seek advice from an employment relations professional prior to taking action.
If you require assistance or advice for your business, Industryus HR can be contacted on 07 5655 4047 or click here.