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 (…Continue
Added by Jonathan Mamaril on January 14, 2019 at 7:30 — No Comments
General Protections claims have become a convenient tool for employees working in local councils to avoid or even unnecessarily prolong legitimate performance management issues, action regarding illness and injury and misconduct concerns. Executives and managers in Councils need to be aware of how to protect their organisation against such claims and reduce the risk and liability that may arise from general protections claims.
A case which has highlighted the steps Councils should…Continue
Added by Jonathan Mamaril on January 9, 2019 at 7:00 — No Comments
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 Commission found that in the case of Klooger v Foodora (…Continue
Added by Jonathan Mamaril on January 7, 2019 at 7:00 — No Comments
Staff underperformance, whether it is due to personal issues, workplace conflict, change fatigue or being actively disengaged, can have significant repercussions on your bottom line, culture and overall performance.
As an employer, it can be downright infuriating, not only because of the money wasted but also due to the time you need to invest and the risk you open yourself up to personally if it all goes wrong. How then do you prevent, manage and terminate…Continue
Have you ever wondered how much poor performance and productivity is costing your business? It can be an uncomfortable thought, can’t it?
While your team can be your greatest asset, in some instances, they can also be your greatest liability.
So how do you turn it around to create a team of consistent high performers? It starts in your workplace policies.
But first, you might be wondering, what is a…Continue
Added by Jonathan Mamaril on March 8, 2018 at 9:39 — No Comments
The gig economy has arguably revolutionised the labour market, allowing short-term contracts or freelance work as opposed to permanent jobs.
The gig economy provides a platform for businesses to offer their services to their clients or customers via the engagement of short-term contracts as contractors or consultants. The most famous examples are Uber and Airtasker however business consultants and graphic designers are just as prone to this type of engagement.
Care ought to…Continue
Added by Jonathan Mamaril on January 23, 2018 at 7:30 — No Comments
There has been significant discussion around working outside normal business hours (9:00 am to 5:00 pm) and whether those extra hours should be paid as either overtime or time off in lieu (TOIL).
In a decision by Commissioner Mathews in the Western Australian Industrial Relations Commission, the Commissioner made it abundantly clear that employees who work in “professional” roles (such as a certified practicing accountant) need to accept that in the real world…Continue
Added by Jonathan Mamaril on January 18, 2018 at 7:30 — No Comments
Employers may be exposing themselves to unnecessary risk due to old employment contracts that have not been updated to reflect their current policies.
A recent decision in the Brisbane District Court has seen former Wallabies coach John Connolly awarded a sum of $150,000 (excluding costs and interest) as a result of his former employer, Queensland Rugby Union, terminating his employment.
The termination occurred under the…Continue
Added by Jonathan Mamaril on January 9, 2018 at 11:00 — No Comments
The office Christmas party can be a great place to unwind, celebrate your wins and socialise with your staff and work colleagues. But unwind a little too much, or fail to act on employee’s complaints about inappropriate behaviour towards them, and your business, culture and potentially bottom line can take a big hit.
Every January and February there is a rise in policy changes, health and safety audits, investigations, disciplinary action, and subsequent dismissals as a result of…Continue
Added by Jonathan Mamaril on November 29, 2017 at 15:16 — No Comments
It is a question that has been up for public debate since Jacinda Ardern, the recently elected Labour Party leader in New Zealand, had to deal with controversy hours into her new job after radio show announcer Mark Richardson said New Zealanders had a right to know whether there was a possibility their potential prime minister might take maternity leave.
While on air Mr Richardson said, “If you are the employer of a company you need to know that type of thing from the woman you…Continue
Added by Jonathan Mamaril on September 7, 2017 at 12:32 — No Comments
Over the last six months we have seen a significant rise in General Protections claims made against employers, with business owners and managers needing to defend themselves and their company against claims of sham arrangements, adverse action and discrimination. Many of these claims are being made even while employees are involved in a show cause or performance management process.
To help you protect your employment brand and mitigate risk and liability, here is what you need to know…Continue
Added by Jonathan Mamaril on May 25, 2017 at 21:02 — No Comments
With change becoming the new constant in business, owners and managers can face the difficult decision of making staff redundant to ensure their survival.
But how do you make sure you do it in an ethical, strategic and legal way that won’t make your redundancies redundant? Here is a step-by-step guide to doing it the right way.
A genuine redundancy is when you no longer need an…Continue
Added by Jonathan Mamaril on February 14, 2017 at 10:52 — No Comments