May 2021 Blog Posts (17)

5 reasons to use talent assessment when hiring drivers

If you’re hiring commercial drivers right now, your primary concern may be finding the drivers to fill your vacancies. You may not be focused on how to check how safe a driver they are, or the effect they will have on your company’s reputational risk, if they are hired. 

Whether your drivers are delivering parcels to homes, goods to warehouses, carrying out installations or taking passengers from location to location,…

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Added by Stefan Hinrichsen on May 31, 2021 at 16:00 — No Comments

The difference between contractors and employees

Deciphering the difference between an employee and contractor can often be difficult. This was recently demonstrated in Diego Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818 whereby it was determined by the Fair Work Commission that Mr Franco was in fact an employee of Deliveroo and ordered to be reinstated.

The purpose of this article aims provide some basic…

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Added by Alison Kennedy on May 30, 2021 at 20:30 — No Comments

Halt before you post: Casual employee unfairly dismissed for Facebook recommendation

Social media and employee’s conduct online has without doubt added a layer to the employer and employee relationship. While employees may think that their online activities done outside of work hours may be private, their conduct online may become relevant to their employment, for example, where it may disparage their employer, other employees or clients.

In Besanko v R.B. Aquatics Pty Ltd T/A Swimmers [2021] FWC 1952, a 19-year-old casual swim instructor was summarily…

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Added by Shane Koelmeyer on May 27, 2021 at 13:10 — No Comments

Not so ‘funny’ meme: FWC finds sexually explicit Facebook post warranted dismissal, despite the employer’s ‘rather unusual’ workplace culture

The workplace culture of an organisation should reflect the values that the business upholds and expects of its employees. It is becoming increasingly challenging for employers and employees to understand where a line is drawn between a relaxed and open workplace culture and a workplace culture that tolerates inappropriate behaviour.

This holds especially true in an age where social media use imposes significant risks to the employer’s business and its employees.

In the recent…

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Added by Shane Koelmeyer on May 27, 2021 at 12:28 — No Comments

Signposting future skills at Siemens

Within five years, 30% of current workforce skills will be obsolete. That is the reality facing multinational, market leading technology firm, Siemens – and no doubt other firms across the globe. Following extensive and in-depth work and job analysis carried out by the firm, it realized now was the time to rethink and invest in the skills needed for its future, and to support its workforce make the shift.

Its research is backed up the findings reported in The World Economic Forum’s…

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Added by Stefan Hinrichsen on May 20, 2021 at 16:00 — No Comments

Best practice communication through change

Most employees can sense when change is coming, and if they don’t hear about it from you, uncertainty will give way to fear, and speculation will give way to rumour. Before long, your employees will create their own narrative, trust will erode, anxiety will increase, and engagement will plummet, impacting your profit and productivity further.

Good communication, however, brings clarity to uncertainty, fact to rumour and calm to fear. While change may have consequences for your…

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Added by Mark Brand on May 19, 2021 at 11:58 — No Comments

When 9-5 becomes 24/7

With flexi-work arrangements in place to allow more people to work from home (after a year of lockdown, restrictions and snap-lockdowns), you’d think the added flexibility gives employees more freedom. Why is it that many actually report feeling more burnt out than ever…

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Added by Katriina Tahka on May 19, 2021 at 5:55 — No Comments

4 must-haves of a successful graduate application process

When great talent is in high demand, you need to set yourself apart from the competition. You need a hiring process that will be remembered for all the right reasons.

Here are the four must haves we know are critical in every assessment process when hiring candidates who are beginning their careers. 

#1. The freedom to choose how - and when - to apply 

Most candidates, especially those…

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Added by Stefan Hinrichsen on May 17, 2021 at 15:30 — No Comments

Investigations and procedural fairness

Understanding how to separate past investigated misconduct matters from a current situation is crucial in ensuring natural justice is applied.

The FWC upheld an unfair dismissal claim when a childcare organisation dismissed two employees following an investigation (in 2019) into misconduct. The…

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Added by Catherine Gillespie on May 12, 2021 at 13:00 — No Comments

Four essentials for hiring the next generation of talent

The early careers landscape is changing. Organisations are facing new challenges, increased candidate expectations and are planning for an uncertain future.

Economic challenges – economic uncertainty is leading to graduates, apprentices and interns applying to more organisations than usual. However, a reduction in planned early careers hiring means that candidates are chasing fewer opportunities. At the same time, recruiters must identify the…

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Added by Stefan Hinrichsen on May 11, 2021 at 18:00 — No Comments

Sexual harassment law changes on the way

Sexual Harassment law changes - Respect@Work 2020 report

HR Managers, employers & business owners - have you reviewed your sexual harassment policies & training in light of working from home & the 55 recommendations contained within the AHRC Respect@Work report relating to the National Sexual Harassment Survey.…

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Added by Phil O'Brien on May 11, 2021 at 15:00 — No Comments

COVID-19 policy can protect an employer from an unfair dismissal claim – 2 burning questions to answer

The COVID-19 pandemic has led to a number of changes in the workplace and as a result, the Fair Work Commission has seen a major spike in unfair dismissal and general protections claims.  Minimising health and safety risks through policy development around exposure to COVID-19 is near the top of many lists for human resources, in particular in the…

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Added by Jonathan Mamaril on May 11, 2021 at 8:00 — No Comments

Shots fired – Vaccinations and the workplace

One of the most topical questions for employers during the COVID-19 pandemic has been whether they need to introduce policies that mandate vaccinations and, if so, what can be done to enforce them in the workplace.

As with any other policy or procedure, employers need to assess whether it would be reasonable and lawful to require that their employees comply with a policy that mandates vaccinations. What is reasonable will differ for each employer and even between different positions…

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Added by Shane Koelmeyer on May 5, 2021 at 13:30 — No Comments

Knives Out: Employer ordered to pay maximum compensation following “entirely unjust” disciplinary process

The Fair Work Act 2009 (Cth) (FW Act) requires that employers comply with a number of procedural elements in a disciplinary process prior to making a decision about whether an employee’s conduct or behaviour warrants disciplinary action.

One of the most important elements is providing the employee an opportunity to respond to allegations of misconduct before the final decision is made.

In the recent decision of Robertson v Imperial Mushrooms Pty…

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Added by Shane Koelmeyer on May 5, 2021 at 13:29 — No Comments

Employer lawyers 4 tips to deal with a general protections claim

A general protections claim is one application an Employer does not want to receive.  Ask any employer lawyer, human resources manager or employee relations specialist and when it comes to employment law – a general protections claim are difficult to traverse.  In previous articles we have wrote about:…

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Added by Jonathan Mamaril on May 4, 2021 at 8:00 — No Comments

Workplace dynamics and tokenism - diversity without inclusion

The need for diversity has become such a pressing matter, it is no longer a conversation that’s merely entertained at a business level. With discussions around this topic underway in parliament, the dire need for more inclusion can no longer be ignored. Thus far, the quotas in place have proven to be little more than a stepping stone towards actual change, as no profound difference has been felt despite the fact that most businesses are successfully…

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Added by Katriina Tahka on May 3, 2021 at 18:00 — No Comments

Personal liability of directors: 4 underpayment of wages cases

As directors, business owners and those with key decision making responsibilities the management of staff comes with several difficult issues involving personal liability of directors.  Underpayment of wages is one major factor and a number of clients have sought advice from NB Lawyers – lawyers for…

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Added by Jonathan Mamaril on May 3, 2021 at 9:00 — No Comments

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