Q: My employee has submitted a sick leave application form for a recent unplanned day off work she took. At the time, the employee advised that she had needed to urgently visit her solicitor in relation to a private matter. However, now she has put in for sick leave for the time off and that doesn’t seem right. Can you assist with how I handle this?

Therefore in these circumstances and provided the employee does not have entitlement to any other applicable leave types (such as emergency leave within an Enterprise Agreement), you are within your rights to advise the employee that personal leave is not appropriate for her circumstances and process the time off work as leave without pay. Alternatively, if you both agree, the employee could also use any accrued annual leave entitlements as an alternative to leave without pay.

Industryus HR offer a telephone based HR advice subscription where employers who sign up can call as many times as needed with questions just like this one. The service is like having your own HR Manager, but without the associated costs. Call us on 07 5655 4047 or message us for more info.

Note, any advice provided in Industryus Q&As is general, and should be confirmed with a specific discussion with your HR professional prior to proceeding.

If the Fair Work Ombudsman conducted a random audit of your workplace, would you be compliant?

As a company grows it is common for the focus to be on operations and business development activities. This can result in human resources obligations being left behind and creating risk for your organisation. If you are unsure if employee wage rates are above the minimum required, we recommend a pay review.

Fair Work Inspectors will not make exceptions for organisations who claim they weren’t aware of their workplace obligations. They regularly order back payments, issue fines and organisations are named and shamed in the media. Investing in a pay review will ensure compliance and protection for your workplace.

Pay Reviews:

Most employees in Australia are covered by a Modern Award. There are both Industry Awards and Occupational Awards, and determining which one applies to each role within your organisation is a complex task. Often workplaces will have a number of Awards which apply, and some employees may even be Award free. It is best left to the professionals to make a determination.  If you get it wrong, it can result in back payments and heavy fines from the Fair Work Ombudsman.

Fair Work Inspectors may conduct random audits at any time. Also, disgruntled employees are able to easily and anonymously report employers to the Ombudsman either online or via telephone. By booking in a pay review, you are getting ahead of the game and will be prepared for any audit which will inevitably take place.

When Industryus HR conducts a pay review for your organisation, we will determine the correct Award for each employee and advise you of the minimum pay rate for each role. Our pay review of your organisation will be handled confidentially, and we will discuss the results with you so that you feel comfortable and fully understand the results.

To find out more about getting a pay review, please call 1300 15 10 11, or contact us online.

HR health checks:

HR health checks are a type of HR review and help to future proof organisations by showing leaders where workplace compliance gaps are so they can be resolved before they become a problem. Generally, they focus on recruitment, onboarding, and general compliance.

HR health checks highlight issues and gaps that prevent businesses from becoming the extraordinary workplaces they are destined to be. They also highlight Fair Work obligations that are not being met, efficiencies that could be gained or team issues that could be repaired. Industryus HR’s recommendations will assist leaders to make more informed decisions about the future, ultimately resulting in a better functioning workplace.

Other HR reviews:

A focussed review helps to gain a deeper understanding of any gaps that might exist with HR practices. For example, commonly Industryus HR is engaged to conduct a pay review for established workplaces to determine if all employees are being paid in accordance with Fair Work legislation.

Reviews may focus on a range of areas, including:

• Employment contracts
• Workplaces policies
• HR processes
• Cultural issues
• Reward and recognition
• Workforce planning
• Benefits
• Organisational design
• Health and safety

Avoid future disputes with clear and compliant employment contracts.

You may think that because you have a good relationship with an employee at the moment, they would never raise a dispute against you. This might be true… but…unfortunately, relationships can sour over time and as professional HR Consultants we can tell you that it’s more common than you might think.

We regularly meet frustrated business leaders who wish they had invested in robust employment contracts for each staff member when they had the chance. The good thing is, it’s not too late to get it sorted.

Why are employment contracts recommended?

Written employment contracts (also known as employment agreements) set out both party’s rights and obligations so there is no ambiguity. This means that employee relations issues that arise during or post-employment can be resolved fairly and easily because the terms of the relationship are very clear. Employment contracts also set out an employee’s entitlements such as those covered by the National Employment Standards (the NES).

Handshake deals or verbal agreements can often result in a frustrating situation for employers when a dispute occurs. Disputes often lead to poor outcomes for the employer because it’s one person’s word against another’s.

It’s a fact that the Fair Work Act 2009 supports employee rights over the employer’s – so why would you leave it to chance? Written employment contracts are an essential for any business that employs staff.

Gain peace of mind.

If you are unsure if your business is meeting its obligations in this regard, Industryus HR can conduct a review and let you know where you stand. This is a simple process where we identify gaps in employment documentation so you can understand whether it covers your organisation.

Our HR Advice Membership includes a comprehensive range of employment contract templates, so you are covered for every situation. Industryus HR members also qualify for our employment agreement drafting service.

Make things clearer with Position Descriptions (PDs)

Position Descriptions are an important element of new employment documentation as they set out responsibilities and other key aspects of a position such as reporting lines and key capabilities of the role. It’s recommended that all new employees receive a PD along with their employment contract.

PDs are a helpful tool for a range of workplace functions, including:

• For recruitment, as they give prospective employees an insight into the job being applied for. Providing a PD to a prospective employee also gives a professional and organised impression of the company to the candidate;
• For performance, as they provide an overview of the employee’s accountabilities such that it is clear what they are responsible for and who they are accountable to;
• For pay, as PDs provide a basis and comparison point for pay level grading and remuneration.

Developing PDs can be time-consuming but their benefits are many. By outsourcing these to Industryus HR, the job is done quickly and professionally, without pulling valuable resources from your teams into the project. 

Contact us to book in a free 30-minute Introductory Call, where an HR specialist can talk you through the available options for your workplace.

Could your organisation benefit from ongoing access to an HR professional?

Industryus HR Members gain access to specialist HR advice and support with the Industryus HR Membership Program. Our membership program is suited to organisations and not-for-profits who are keen to improve their human resources practices with the guidance of a professional who they can have access to on demand. At Industryus you won’t be asked to sign a five-year contract which locks you in and makes it difficult to leave. You also won’t reach an annoying call centre. It’s good old-fashioned service all the way!

The benefits of membership include:

• Our members can speak to an HR Consultant via the telephone or Teams whenever HR guidance is needed. Our advice line is open during business hours. Our members simply let us know they’d like to chat and we make arrangements for that to happen at a time that suits. 
• Our members receive important updates to their inbox on Fair Work changes, as they arise.
• Members also gain immediate access to our self-service online membership portal which contains a wide range of useful materials* for the day-to-day management of employees. The portal includes:

*All of our materials are high quality and drafted by leading Australian employment lawyers. 

Want to find out more? 

If you’d like to find out more, book a Free Introductory Call or call us directly on 07 5655 4047. During this call, we will take the time to learn a little about your organisation, and tell you more about the membership. We don’t use pushy sales tactics and won’t ask you to sign up immediately because we want you to make the right decision for your organisation. Likewise, we also want to ensure your organisation is the right fit for us, as once our members join, they are often with us for many years.

FAQs

Our FAQs are aimed to provide you with information for commonly asked questions about outsourced human resources services and our services.

It’s important to select the right HR company that you will be able to work with long term. Don’t be pushed into a hasty decision by companies that invite you along to a “free seminar” and then ask you to sign up. Do your research, meet with your potential HR partner and ensure there is a strong foundation before signing anything :). 

If there is anything that is not answered in our outsourced human resources FAQs don’t hesitate to get in touch here.  Or call us on 07 5655 4047. 

If you need WHS support, head to our sister company Big Yellow Safety. 

We are always happy to help!

FY2019 is just around the corner and many businesses have either already commenced planning and budgeting or are about to start thinking about it. Have you thought about HR Support ?

It’s very common for small businesses to lack proper and compliant human resources practices, and it can seem overwhelming when thinking about where to start. The good thing is that it doesn’t take too much to get your HR basics in order. So, for those business owners who are ready to put some focus into HR to help decrease exposure and improve workplace productivity, below are three suggestions which are valuable whether your business has 1 or 100 employees.

1. Implement employment agreements for all employees (including casuals), or have an audit of your current employment agreements conducted to ensure your business is protected.

2. Have position descriptions drafted for all positions so that there is clarity about what each role does, where each role fits, and what each role’s purpose is within the business.

3. Get essential employment policies in place such as a strong Code of Conduct and a clear Discrimination and Harassment policy so that employees know what is expected of them and to reduce your business’ exposure to claims.

If you would like assistance with HR Support, Industryus HR specialises in all three areas and can make it a simple and pain free process. Contact us on 07 5655 4047 or click here for a free and no obligation quote, tailored to your business requirements.

Workplace policies are an essential element of conducting business where the business has one or more employees.

Policies are written documents that clarify to all employees the expected standards of behaviour and performance. For example, a Code of Conduct will outline the standards of conduct that are required while working for the employer.

Below are some of the benefits of implementing sound policies:

• Where clear policies are in place, employees better understand what is acceptable and unacceptable in the workplace and this helps create a more informed and effective workforce.

• Workplace policies can also play an important role in the event an employee raises a legal dispute against the employer. For example, where the employer has a workplace policy about the disputed issue, the employer is likely to be in a stronger position before a court or tribunal as they will be able to prove what the workplace standard is and that the employee knew the standard expected.

• Policies can help to set the rules and guidelines for decision making for a range of standard workplace situations. For example, a Grievances Policy will set out the company process for complaint handling, and specifically who employees should contact for enquiries about the policy or who to contact to make a formal complaint. Having such guidelines in place reduces the need for employees to continually ask management the same questions as the answers will be outlined in the policy.

• Consistency. A positive workplace culture grows on the back of consistent and clear workplace practices. Workplaces with inconsistent processes and haphazard decision making often find the internal culture is toxic or unproductive as inconsistency breeds feelings of unfairness, distrust, unnecessary competition and frustration which all hinder good performance.

If you are interested in finding out more about workplace policies for your company, do not hesitate to book in a free, no obligation consultation with Industryus HR. We are able to tailor policy packages to suit individual business requirements. Call us on 07 5655 4047 or click here.

Many small business owners might feel out of their depth when managing employee performance and conduct issues in the workplace.  It’s not surprising, as the Fair Work Act is a daunting document even for many experienced human resources practitioners.

At Industryus HR, we specialise in realising great outcomes for employers but we are often engaged months after the performance problem first appeared and in many instances the action taken to date is not quite in alignment with Fair Work obligations. When this occurs we can assist with rectifying any concerns and setting up employers with compliant processes for better management of performance issues.

Here are four common mistakes that small business owners should be mindful of in the management of performance (and conduct) in the workplace.

1. Performance issues that haven’t been addressed

We see many employers battling on for months, and sometimes years with a problem employee before taking any real action. The sooner action is commenced the sooner the issue will resolve, so employers who are burying their head in the sand about an issue are not doing themselves any favours. If you are not sure how to start, get some help from a HR professional so that you can confidently move forward.

2. Flimsy discussions

From time to time we are contacted by business owners who tell of their frustration about having had numerous discussions with an employee about an issue but the employee never shows any improvement. Often when we delve deeper however, it becomes apparent that these discussions haven’t been firm enough, and expectations and consequences for failure to improve were never discussed. A successful discussion about poor performance will cover the issue, why it is an issue, the expectations moving forward and what action might happen if the issue continues.

3. Nil documentation

Taking adequate file notes of performance discussions had with staff should be seen as an essential staff management function, but it is often overlooked. Without documentation such as file notes, it is much more difficult to prove that the employee was previously cautioned about their performance. No documentary evidence of previous discussions can equate to a greater employment relations risk for the employer if they ever need to defend their own actions.

4. On the spot warnings

This practice is one of the riskiest we see but is quite common. The employer becomes unhappy with the employee’s performance and decides they will issue a warning to the employee. So, the employer holds a meeting with the employee and issues a warning on the spot without considering the employee’s view of the situation. The problem with this scenario is that because natural justice has not occurred the employer is now exposed to a greater risk level if an unfair dismissal claim is made.

If you are a small business owner considering taking action against an employee, or have already and recognise some of the mistakes listed above, Industryus HR can assist to ensure Fair Work obligations are met and your risks are reduced. Call us on 07 5655 4047 or click here for a confidential discussion.