Our HR Guides.

Effective workplace management The employee lifecycle refers to the relationship between an employee and the organisation they work for. It's often broken down into three critical stages: pre-employment, employee management, and termination. Being an effective manager throughout each stage is vital to not only employee retention but also for achieving successful workplace management. So, what is effective workplace management? In this guide, we explain what the three critical stages of the e...

As surprising as it sounds, in Australia there is no obligation at law to have a written contract of employment. So why have one at all? Well, a written employment contract is designed to protect both the employer and the employee. Without a written employment contract, disputes over the terms and conditions of employment are likely to arise. Employers often have difficulties dealing with their employees when there are no employment contracts in place to guide the employment relationship. Cho...

Compassionate leave Previously known as bereavement leave, compassionate leave enables full-time and part-time employees to access 2 full days paid leave each time a member of the immediate family or household dies or contracts a life threatening illness or injury. Like personal/carer's leave, having a stringent compassionate leave policy in place is essential. Whilst you would hate to think this leave is abused, we have all heard of the HR manager who has an employee with 6 deceased grand...

Most employers know that permanent employees are entitled to annual leave and personal/carer's leave in accordance with the National Employment Standards (NES). But did you know that under some Modern Awards and Enterprise Agreements, employees are entitled to an additional leave loading when they take their paid annual leave? What is leave loading? Under the NES, permanent employees are paid their ordinary base rate when taking paid annual leave. But under some Modern Awards and Enterprise Ag...

Personal or carer's leave (often referred to as 'sick leave') is an entitlement of all full-time and part-time employees. Like annual leave, personal or carer's leave accrues based on an employee's ordinary hours of work and commences accrual from day one. A full-time employee accrues 10 days of paid personal or carer's leave per year and a part-time employee accrues the pro rata equivalent. Like annual leave, when an employee is on paid personal or carer's leave, they will continue to accrue...

Managing Work Health and Safety (WHS) is a large aspect of an employer's day to day responsibilities. Ensuring that WHS standards are met and that you are maintaining a safe working environment for your employees is essential. Mismanagement of WHS and your responsibilities associated with WHS regulations can lead to numerous consequences including penalties and even potential imprisonment. The Model Work Health and Safety Act (Model Act) outlines three types of offences with a different penal...

Safety at work should be your number one priority. While this may at times seem costly and time-consuming, non-compliance can result hefty penalties and in some cases imprisonment. Complying with your obligations under the Work Health and Safety Act (WHS Act) can also add value to your business, helping you to attract and retain valuable skilled staff. WHS or OHS – What's the difference? In the past, Australian workplace health and safety (WHS) laws were known as occupational health and safe...

If you take safety at work seriously (and you should) then you need to have an effective and comprehensive WHS Management Plan. Under the WHS Act, you have the primary responsibly to ensure a safe work environment for both your own workers and any other person on the site. You need to be able to demonstrate your commitment to making safety your number one priority, and ensure that those around you understand their health and safety responsibilities. What is a WHS Management Plan? A WHS Mana...

Managing parental leave can be challenging for employers, and incur grave consequences if the leave is mishandled. Unlike annual leave and personal/carer's leave, parental leave does not 'accrue'. It is best thought of as an entitlement that will become available to an employee once they have completed 12 months' continuous service with the employer (at the due date or expected due date of the child). Parental leave allows an employee to access up to 12 months' unpaid leave from the employ...

Annual leave allows employees to have some much needed R&R and can be accessed at any time by agreement between the employee and employer. A full-time employee will accrue 4 weeks of paid annual leave per year. A part time employee will accrue annual leave on a pro rata basis. There is no 'cap' on how much leave an employee can accrue each year. Unused leave from one year will carry over to the next. All employee's, except casual employee's, accrue annual leave. A common myth surroundi...

Employers often say that dismissing an employee can be one of the most stressful and challenging situations to be faced with in the workplace. Not only do employers have to manage difficult, emotional or even disgruntled employees, they are also have to navigate the complex legal system that governs termination of an employee's employment. There are many important issues that an employer must consider when an employee's employment ends, including, but not limited to, how to manage the potenti...

When does unfair dismissal occur: The employee has been dismissed or, in other words, the employee's employment has been terminated by the employer, or if the employee was forced to resign (this is known as 'constructive dismissal'), or sometimes a demotion can constitute dismissal; The dismissal was 'harsh, unjust or unreasonable'; The dismissal was not a case of genuine redundancy; If the employer is a small business, the dismissal was not consistent with the Small Business Fair ...

  Did you know that an employee can claim that they were dismissed, even when he or she ended the employment by resignation? Under the Fair Work Act a dismissal can occur either (a) when the employment has been terminated at the employer's initiative or (b) when the person has resigned from his or her employment, but was forced to do so because of the employer's conduct. The latter of these two scenarios is commonly referred to as a "constructive" dismissal. What is a constructive dism...

When terminating an employee, different rules may apply if you run a small business (that is, the business, and any of its associated entities only have 15 or less employees). If your company is a small business, it must comply with the Small Business Fair Dismissal Code. A small business employer can dismiss an employee if: they have a valid reason (based on the employees conduct or capacity); the employee has been warned in writing; they have provided the employee with an opportu...

What do you as an employer have to pay when an employment ends? Most employers would expect to have to pay any unpaid wages and accrued but untaken annual leave, but what about other leave entitlements such as personal / carer's leave or long service leave? Aside from leave entitlements, do you have to pay bonus payments? And what if the employment ends because of redundancy? What is a termination payment? A termination payment may refer to any monies payable to an employee after the employme...