Employment Law
Modern Slavery Legislation – Employers what do you need to know?
The Modern Slavery Act (2018) came to pass on 1 January 2019 and for companies with a consolidated revenue of more than $100 Million it establishes mandatory reporting criteria. The first reports are due in February 2020 and information required will include: Their structure, operations and supply chains; Potential modern slavery risks; Actions taken to…
Read MoreFalse Allegations – further trend of “Upward” Bullying
We have been contacted by several clients in recent months wherein executives, directors, business owners and HR managers attempting to performance manage an employee over a medium to long period of time have had false allegations of bullying directed towards them. Linking such “bullying” action with mental health issues or using it as an angle…
Read MoreDifficult Conversations With Employees – 5 Key Steps for Managers and Supervisors
Having difficult conversations is an energy sapper for anyone that manages people. Maybe you delay it and the problem goes away? Or you have the conversation and it ends up being more problematic? We can always get LUCKY – there may be times where a staff member who is not performing, the employee who is…
Read MoreWhistle Blower Laws Come In 1 July 2019 – Are You Ready?
Does your business have more than 100 employees? OR Is your revenue in excess of $50 Million? OR Do you have gross assets worth more than $25 Million? If so, a potentially dangerous regulation is coming on 1 July 2019. They are the new Whistle-blower laws. The new Whistle-blower laws are a commonwealth amendment (Treasury…
Read MoreFiring Employees In Their Probationary Period – Beware General Protections
Employers when deciding to dismiss an employee in their probationary period (or statutory minimum period of employment) are usually aware that this will protect themselves from an unfair dismissal claim. For Employers and HR managers what should also be kept in mind are other potential employment claims such as discrimination, breach of contract and in…
Read MoreA Band-Aid on Workpac v Skene? – Fair Work Amendment Casual Loading Offset
On 18 December 2018 the Federal Government introduced the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (Cth) (Amendment) to vary the Fair Work Regulations 2009 (Cth) (Regulations) in light of the decision in Workpac v Skene, a case we have reviewed previously (Workpac v Skene article). The Amendment clarifies that an employer now has a statutory right to offset…
Read MoreCouncils Beware of General Protections Claims – “Slow the Process Down”
General Protections claims have become a convenient tool for employees working in local council to avoid or even unnecessarily prolong legitimate performance management issues, action regarding illness and injury and misconduct concerns. Executives and managers in local council need to be aware of how to protect their organisation against such claims and reduce the risk…
Read MoreFoodora Driver was an “Employee” says the Fair Work Commission
The constant issue of not having a clear definition of what is an “independent contractor” in the Fair Work Act 2009 (Act) has reared its ugly face again as a landmark decision against Foodora was handed down. Commissioner Cambridge found that a Foodora driver should be considered an employee whilst applying the multifactorial test. The…
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