Performance management is an essential task for employers to ensure the successful operation of their business. When issues of underperformance or misconduct are not addressed and managed effectively, they can affect others in the workplace and overall productivity. [...]
Managing ill or injured employees involves a range of competing operational, legal and medical considerations. Whether it is a short term, long term, work-related or non-work-related illness or injury, these matters require careful consideration; a clear understanding of your obligations; [...]
Underpayment claims, and the significant penalties that can flow from breaching your obligation as an employer to ensure that employees are correctly paid their entitlements, can severely damage your business. The responsibility for complying with workplace laws does not just affect employers but extends to individuals within the business [...]
‘Wage theft’ is a hot topic and a major focus for the Fair Work Ombudsman (FWO) with a string of recent high penalties being handed down against employers who have underpaid employees. Common mistakes that attract the attention of the FWO: Underpayment of entitlements in Awards, Enterprise Agreement and the National Employment Standards. [...]
What is bullying? An employee is bullied at work if an individual or group of individuals repeatedly behave unreasonably towards the employee, or a group of employees of which the employee is a member and the behaviour creates a risk to health and safety. Bullying can be subtle or covert and includes spreading malicious rumours about an employee; [...]
Employers have an obligation to provide workplaces that are free from discrimination and harassment (including sexual harassment). You must take reasonable steps to prevent or minimise these behaviours in your workplace. Discrimination: Unlawful discrimination means treating one person or group of people less favourably than another, or [...]
Whether it is to make your business more efficient or to reduce the size of the workforce, it is a normal part of business that from time to time, that changes to the structure of a workplace need to be made. This could include addressing inefficiencies in positions within the workplace, changing reporting lines, amalgamating and/or removing positions [...]
Employers are required to investigate workplace complaints. Investigations must be undertaken promptly after receiving a formal complaint and be done in accordance with relevant internal policies and procedures. It is important when conducting a workplace investigation that the investigation is thorough; [...]
Sham contracting occurs where an employee tries to mask an employment relationship as an independent contractor arrangement in order to avoid their obligation to provide employee entitlements, such as entitlements under awards, enterprise agreements and the National Employment Standards. […]
When a business is sold and transferred to someone, both the vendor (old employer) and the purchaser (new employer) have obligations. The Fair Work Act contains complex transfer of business provisions which affect both the new employer and the old employer in a transfer of business scenario. If advice is taken prior to [...]