Our HR Blog.

It may surprise you but the formulae for any successful business is simple - the right people supported by the right technology. Without the right technology or HR systems in place, even an outstanding business will struggle in today's competitive market. Effective HR systems and information technologies are therefore essential in achieving your key business objectives as well as providing you with a significant competitive advantage in the market. Why are effective HR systems crucial to suc...

As an employer, you are heavily regulated by the complex employment relations framework in Australia. This framework imposes a number of employer obligations on you through the Fair Work Act, Modern Awards and other legislative instruments. Being aware of the rights and responsibilities of employers is essential in this highly regulated area of the law. What employer obligations are you aware of? Fair Work Act The Fair Work Act imposes a number of employer obligations on you. Not only do the ...

In a significant case for employers and staff who work with children, a Full Bench of the Fair Work Commission has found that the termination of employment of a teacher facing charges of child assault could trigger the unfair dismissal provisions in the Fair Work Act. A teacher in New South Wales made an unfair dismissal application following their termination from employment after they were charged (but not convicted) of an offence of indecent assault on a child. Under the relevant child ...

Have you ever used the excuse "But I didn't know it was wrong…" and hoped to get away with something? Think again if you're planning on taking advantage of your employees. The Federal Circuit Court has sent a harsh warning to employers breaching industrial relations laws and instruments after ordering a Mahjong Club to pay more than $415,000 in compensation for breaching employment laws and engaging in adverse action, when they transferred their full time employee to a part time status foll...

We all know of a colleague or friend who likes to knock off early in the afternoon for a *cough* "private appointment" and who doesn't give details of that appointment to their superiors. Does an employee failing to obtain permission for a part day absence and failing to inform anyone of their whereabouts warrant a summary (or immediate) dismissal? Well, a law firm in Australia believed it was grounds for summary dismissal... and boy were they wrong! In a case before the Fair Work Commissi...

Did you know that one in four Australians were born overseas? This means Australia's cultural diversity in the workplace is rapidly growing. Harmony day celebrates just that; Australia's cultural diversity. It promotes inclusiveness, respect for all and a sense that everyone belongs. Research has shown that businesses benefit from cultural diversity through greater employee commitment and team performance, larger market share as well as better customer and client satisfaction. So are you promot...

The 'big four' banks have been in the media a lot recently for all the wrong reasons. Did you hear about the recent case where ANZ was ordered to pay a former employee more than $110,000.00? A former banker was dismissed for serious misconduct after allegations arose that he had fraudulently doctored a confidential email and leaked this to the media. The issue? The NSW Court of Appeal (NSWCA) found that this decision was based on a flawed investigation process. And the worrying thing is that ...

Despite all of the media attention and repeated warnings from the Fair Work Ombudsman (FWO), employers are continuing to be caught underpaying their employees. The latest in a string of such cases shows business owners are simply not paying attention. What was it this time? The FWO has commenced proceedings against a small Melbourne retailer who had allegedly been underpaying three shop assistants with rates as low as $16-$17 an hour, which is not only well below the retail Award rates, but is...

The Federal Circuit Court has found a labour hire company, its director and HR manager all liable for falsifying employment records and making unlawful deductions from the wages of cleaners based in Melbourne's Crown Casino and Federation Square. The court accepted evidence that the company deducted an administration fee from 102 employees and meal allowances from another 44 employees, whilst providing the Fair Work Ombudsman (FWO) with falsified employment records. The FWO alleged that th...

It is Monday morning and your employee has called in sick. They don't sound unwell, and when you saw them on Friday they seemed perfectly healthy. The next day their doctor's certificate just says "unfit for work" but you really don't believe that they were. Can you push back and question their doctor's certificate? Questioning their doctor's certificate wouldn't be seen as questioning your employee, but rather is essentially accusing the doctor of a fraudulent certificate. Employers need to ...

Absolutely everything, if you're asking Australian retailer Myer. The retail giant has recently taken on more casual employees so it can meet increased shopper demand and improve customer service. Late last year the department store on-boarded 3,000 Christmas casuals, and has retained a record number of these casuals (around 2,250) in a push to improve the overall in-store experience. By analysing sales data in each department to identify the peaks and troughs in trade, the retailer cut st...

Making an employee, or a group of employees, redundant is never an easy process. There are financial and emotional consequences for those directly affected, as well as inevitable disruption and reduced productivity which impacts the whole business. Redundancy is often viewed as a necessary evil. A strategy that is sometimes required to ensure the long term viability of the business. But it can quickly become a time consuming and expensive nightmare for those who get it wrong. What is a genui...

Are you ready for your employee to request long service leave? While long service leave is the leave which can be predicted with the most certainty, it is often not thought about until it's too late. An employee knocks on your door and reminds you that they've been with you for ten years. Has it really been that long, you ask yourself? The employee requests their long service leave. Ah. That. That thing which you never thought about because it was always so far into the future. Or maybe you ...

Our 24/7 Telephone Advisory Service recently received an interesting question from a client about parental leave; "can a surrogate mother take parental leave?" This was a good example of one of the many unique situations that the Fair Wok Act simply does not contemplate. Luckily for our client, they had HR Assured and one of our experienced consultants was able to assist them. We've taken the opportunity to compile a list of the common questions that our clients ask about parental leave. Q: ...

We all know how important first impressions are, especially in the workplace. There is something that we all 'feel' when we enter a workplace for the first time. Something that we can't see and something that we may not be able to describe, but something that we know all know is essential to the success of businesses like ours. This is best referred to as 'culture'. While you may have heard of the term, you'll be surprised to learn just how big of an impact it can have on the profitability of...