Human resources management is experiencing a digital revolution as online platforms and data collection solutions flood the market.
If the make-up of a workforce can be understood and managed through data alone, will future HR departments be the domain of data analysts?
Added by Shane Koelmeyer on March 15, 2017 at 15:30 — No Comments
The Fair Work Commission (FWC) has released its Unfair Dismissals Quarterly Report for the period October 2016 to December 2016 (the Report). The Report revealed that there has been a decrease in the number of applications lodged with the FWC compared to the same period in previous years.
Resolutions have also occurred more quickly,…Continue
Added by Shane Koelmeyer on March 15, 2017 at 14:50 — No Comments
We know people can say or do things that we do not mean when we are under pressure, feeling stress or are angry.
In rare incidences (often in the context of disciplinary meetings), an employee may indicate that they wish to resign only to later try to withdraw their resignation or claim that they did not really resign. Can a resignation given “in…Continue
Added by Shane Koelmeyer on March 15, 2017 at 14:30 — No Comments
Superannuation payments and calculations can be a tricky thing for employers, of all sizes, to get right. These challenges came to light last month when the Financial Sector Union of Australia (FSU) claimed that 7,000 part time staff did not receive their full super entitlements from the Commonwealth Bank of Australia (CBA), with claims dating as far back as 2009. The full extent of the potential underpayment is…Continue
Added by Shane Koelmeyer on March 8, 2017 at 12:55 — No Comments
The Fair Work Commission (the Commission) has often held that a dismissal will be found to be harsh, unjust or unreasonable when one of the reasons for the termination of employment included an event which occurred earlier and which was not addressed at the time. This is encapsulated in the concept of “use it or lose it”.
Added by Shane Koelmeyer on March 8, 2017 at 12:37 — No Comments
Today it seems like every HR magazine or e-newsletter contains an advertisement or article on “HR tech” that promises to provide all manner & quantity of data on a workforce. There is also a running conversation about how HR will become more automated in the future with computers supervising robots!
Until such time as the robots and computers do…Continue
Added by Shane Koelmeyer on March 8, 2017 at 12:30 — No Comments
The Federal Circuit Court of Australia’s decision in Fair Work Ombudsman v Rubee Enterprises Pty Ltd & Anor  FCCA 3456 (Rubee’s Case) has penalised a cafe in Albury NSW $532,900 for exploiting five foreign employees. This is the largest fine ever ordered as a result of legal action by the Fair Work Ombudsman (FWO). The cafe was involved in a number of breaches of the Fair Work Act…Continue
Added by Shane Koelmeyer on March 1, 2017 at 14:37 — No Comments
In recent years we have observed the increased use of technology and big data in Human Resources. The question is whether this shift is taking the “human” out of Human Resources by devaluing genuine personal interactions and conversations when it comes to matters such as employee wellbeing and performance.
In a recent article about employee data…Continue
Added by Shane Koelmeyer on March 1, 2017 at 14:30 — No Comments
Restraint of trade clauses are often used in employment contracts to prevent or limit an employee from engaging in conduct that is adverse or inconsistent with the employer’s interests once employment has ended. Typically, employees are restrained from soliciting clients or establishing competing businesses.
In a previous…Continue
Added by Shane Koelmeyer on March 1, 2017 at 14:30 — No Comments
Restructuring and redundancies can be difficult under the best of circumstances. Employers have obligations to their employees during these times and sometimes the fast paced demands of the business are at odds with those obligations. In a recent decision, Williams and Ors v Staples Australia Pty Ltd  FWC 607, the Fair Work Commission (FWC) examined the obligations of a particular employer and found that its…Continue
Added by Shane Koelmeyer on February 28, 2017 at 10:07 — No Comments
What does an employer do in circumstances where it has granted flexible working arrangements and it is no longer able to accommodate the employee?
The NSW Industrial Relations Commission (NSW IRC) in Construction Forestry, Mining and Energy Union (New South Wales Branch) v South Western Sydney Local…Continue
Added by Shane Koelmeyer on February 22, 2017 at 15:18 — No Comments
All employers should be aware that discrimination in the workplace on the basis of a “protected attribute” is unlawful. For example, Australia’s anti-discrimination legislation provides that it is unlawful to discriminate on the basis of “race.”
Significantly, however, the legislation extends beyond “race”: the Racial Discrimination Act 1975…Continue
Added by Shane Koelmeyer on February 22, 2017 at 15:14 — No Comments
In Govier v UnitingCare Community  QCA 12, an employee’s appeal was dismissed, confirming an earlier decision that her employer did not breach any duty of care when it issued letters to the employee in the course of an investigation, resulting in aggravation of her psychiatric conditions.
The employee in this case was a disability worker…Continue
Added by Shane Koelmeyer on February 22, 2017 at 15:00 — No Comments
Employers seeking to undertake Commonwealth funded building and construction work will be required to ensure that their enterprise agreements comply with the 2016 Building Code by 31 August 2017 under a new Bill introduced in Federal Parliament.
The Code for Tendering and Performance of Building Work 2016 (the 2016 Code) requires all…Continue
Added by Shane Koelmeyer on February 17, 2017 at 8:22 — No Comments
When it comes to unpaid work experience, the question to be asked is, “Is it legal?”
In a recent study commissioned by the Commonwealth Department of Employment, it was found that in the last five years there were over half a million Australians engaged in (or who were engaged in) unlawful work experience. …Continue
Added by Shane Koelmeyer on February 17, 2017 at 8:16 — No Comments
A Qantas flight attendant (the Applicant) who was sacked for stealing alcohol from a flight and lying about it was awarded $33,731 in compensation by the Fair Work Commission (FWC) after it found that the decision to terminate the Applicant’s employment was harsh.
The FWC concluded that the Applicant was dismissed because he stole…Continue
Added by Shane Koelmeyer on December 12, 2016 at 12:00 — No Comments
Since the tragic events of October this year, Queensland theme park Dreamworld has come under intense scrutiny from the public, the media and a range of investigative bodies. The park gates have remained closed to guests over recent weeks while investigations and audits of the park’s facilities and processes have been conducted.
One such agency…Continue
Added by Shane Koelmeyer on December 7, 2016 at 15:40 — No Comments
SAI Global Property Division Pty Ltd v Johnstone  FCA 1333
Employees have ready access to their employer’s confidential information during the course of their employment. For an employee, this information is important in order to carry out their duties but for an exiting employee, they may be tempted to improperly retain confidential…Continue
Added by Shane Koelmeyer on December 7, 2016 at 15:34 — No Comments
Underpayment and sham contracting in the labour supply chain has been the focus of much of the Fair Work Ombudsman’s (FWO) and the media’s attention this year.
The FWO has conducted a number of campaigns and inquiries into industries where the use of labour hire and independent contractors is prevalent. In some circumstances, it has taken…Continue
Added by Shane Koelmeyer on December 5, 2016 at 12:43 — No Comments
In June this year, a Victorian textiles company was fined $7,000 for breaching work health and safety laws when a subcontractor truck driver was floored by a 185kg bale of wool. In an appeal of that decision earlier this month, the County Court of Victoria increased the penalty to $50,000 when the Office of Public Prosecutions successfully argued that the $7,000 fine was inadequate.…Continue
Added by Shane Koelmeyer on December 5, 2016 at 12:30 — No Comments