No employer operates in a silo – all employers operate in complex systems of interrelated stakeholders including employees, customers, other businesses, and regulators who enforce the laws that apply to the employer and their business.



The actions of employers, therefore, have consequences for those stakeholders. Even decisions that on the surface appear only to concern two parties – the employer and the employee – can have ripple effects on the others.



For example, the…

The rapid rise of concepts such as the gig economy has seen a significant shift in our understanding of the differences between independent contractors and employees. The distinction between the two is now more complex and can be difficult to discern, but regulatory bodies have made it clear that they will not tolerate the intentional mischaracterisation of employment relationships as a means of depriving genuine employees of their entitlements.



There have been numerous cases in…

The Fair Work Ombudsman (FWO) is responsible for ensuring compliance with workplace laws. It does this by investigating and taking enforcement action against suspected breaches of the Fair Work Act 2009 (Cth) (FW Act).



Under the FW Act, one of the enforcement powers of the FWO is to issue a compliance notice requiring the employer to address contraventions of the FW Act. Failing to comply with this compliance notice has serious consequences…

Working in security is tough. Essentially, you have the weight of an organisation’s privacy and safety on your shoulders. One mistake, one oversight, and you, or the team you’re responsible for, could be responsible for a breach. 

On any given day, security professionals are faced with many problems that need to be resolved to keep a business moving – to keep the wheels turning.

It’s an industry that can be misunderstood. Outsiders and even IT…

In the highly-anticipated decision of Comcare v Banerji, the High Court has found it is not unconstitutional for the federal government to restrict the rights of public servants to express their political views in a public forum. 

So what does this decision mean for employees, freedom of political communication and the right to free speech? 

THE FACTS OF THE MATTER…

Underpayment of wages – “We have never had an issue before, so there is no need to worry about it” this is a standard line used by many employers and clients of NB Lawyers – lawyers for employers.  It is very easy of course to ask for advice as a reaction to being sued by a former employee, investigated by the Fair Work Ombudsman or receiving a letter of demand.  It is harder to take on preventive action advice when there…

In an earlier post titled ‘Who Really is the Difficult Conversation For?' I discussed the four stages for ensuring a clear and factual communication exchange that is both productive and constructive. Such a conversation is not just about conveying information, it is also about using the exchange to build…

There is a high likelihood that every employer will have to deal with action - or at least the threat of action - involving the Fair Work Commission (FWC). 

Let's take a look at the role of the FWC, and the importance of a defensible investigation report in the event an employee lodges a claim. 

WHAT IS THE FWC?

The FWC is Australia's national workplace…

Building a human resource department is necessary for every business. However, if you are still in the early stages, you might have problems hiring all the required people. At first, you might have one or two persons doing everything, which is tough. These five tips will help you…

Leaders are responsible for the landscape they create!

Warning! Rant ahead. Warning! Rant ahead.…

Unless you are living the life of a hermit, you are most likely online in some capacity. Let’s face it, even Buddhist monks in Tibet use smartphones on daily basis. What is the go to place for anyone online? Social networks. This is where people find out info, brag about things and…

Businesses are all about the bottom line, which means looking at all the different things that can negatively affect it and making changes. Surprisingly, employees that smoke have been noted as a large long-term expense for most businesses, due to the adverse effects on health and…

Businesses of all sizes and industries use temp agencies to help them bring on extra staff quickly when they find themselves in need of support. It could help them flex up during seasonal peaks or when an unexpected shortage arises. Having instant access to a pool of work-ready business support talent is reassuring in uncertain times or in the event of a crisis - but temporary workers aren’t just a good idea when unexpected occasions arise. Most of the time - on demand staff can actually be…

The Fair Work Commission (FWC) has recently ordered the re-instatement of a dedicated pelican feeder in the San Remo region in southern Victoria who worked only one hour a week, finding that his dismissal was without valid reason and procedural fairness (Matthews v San Remo Fisherman’s Co Operative [2019] FWC 4877).

Prior to his dismissal, the employee had been employed by San Remo Fisherman’s Co Operative (the Co-Op) as a pelican…

Work health and safety legislation aims to provide protections for workers and other persons by eliminating or minimising risks to health and safety. In addition to the primary duty of care imposed on businesses, the work health and safety legislation also imposes a duty on workers.



The duty owed by workers is separate to that owed by the business and workers can therefore be individually prosecuted for failing to comply with their duty – as recently occurred in a case in NSW…

Gone are the days where top candidates eagerly await to hear from an employer. Now, thanks to skill shortages, workplace needs and technology advances, the very best candidates are in the position of power, often being able to choose the organisation they work for after receiving multiple job offers.

With attracting and retaining the best talent becoming even more critical to the growth and success of your organisation, now is the time to gain a competitive edge by building your…

To say that a workplace investigation report is an important document is certainly something of an understatement. Following the investigation, the report will be relied upon for all manner of significant organisational decisions, tasks and action. 

As a result, it is essential that workplace investigators create a professional, transparent and unbiased document.

ONE REPORT, MANY…

The words ‘staff retention’ echo loudly in the halls of any good business, and the topic of keeping your people reigns supreme from the board room to the back office. However, as the national talent pool shrinks, and competition heats up, Australian executives are growing increasingly concerned about losing their top talent.  

In the 2019 Australia Pay…

Are you considering a career in HR? You might be new to the workforce or someone looking to change their career. Whatever your reasons, a career in HR offers many benefits. And if you’re willing to do adult training, you could have a highly lucrative career.

In this blog, we’ll talk about what HR professionals do and the various types of roles you could fill. We’ll also look at how you can start your career in HR by transferring your soft skills or by doing adult…