New year’s resolutions for employers

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New Year’s Resolutions For Employers
by Madeleine Brown, Associate

The new year is the perfect time to set out your business priorities. By setting priorities early in the year, employers can avoid cost, time and stress managing common issues down the track. Additionally, employers can use the new year as an annual business health check-up reminder: familiarise yourself with new legislation, and make sure you are compliant with any new requirements.

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employee misconduct

Managing Employee Misconduct Over The Festive Season

Posted by | Christmas party, misconduct, out of hours behaviour, Performance Management & Misconduct Investigations, Work Christmas party, workplace investigations | No Comments

By Nikita Barsby, Special Counsel, Lauren Wright, Lawyer and Miette Xamon, Law Clerk

Business codes of conduct apply equally during work Christmas parties and social occasions

Misconduct in the workplace can take many forms and can range in severity from poor behaviour or attitude, to theft, assault or health and safety breaches. Dealing with misconduct and making decisions to take disciplinary action or terminate an employee’s employment can be difficult at the best of times, let alone in the busy lead-up to Christmas. Read More

annual leave over Christmas period

Managing Leave Over The Festive Season

Posted by | annual leave, Employee Expenses, HR Advice & Support, leave entitlements | No Comments

by Nikita Barsby, Special Counsel and Miette Xamon, Law Clerk

Effectively managing annual leave and other entitlements over the festive season

The festive season is a busy time for workplaces. Employers and employees can experience increased pressure at work and irregular hours. Employers may close down for the Christmas period, and employees may take leave to celebrate, travel or relax – so it’s important for employers to manage leave effectively during this time. Read More

Christmas Gifts In The Workplace

Posted by | Christmas Bonus, christmas casuals, Christmas party | No Comments

By Madeleine Brown, Associate and Miette Xamon, Law Clerk 

As we approach Christmas, end of year gifts and bonuses in the workplace become a common occurrence.

Festive bonuses can boost morale and are a great opportunity to show appreciation to your valued staff. However, when mismanaged, they can create issues for employers, so here are a few tips to ensure that Christmas gift-giving, bonuses and incentives strike the right balance.

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The Infamous Office Christmas Party: How to Celebrate the Silly Season Safely

Posted by | Articles, Christmas party | No Comments

By Renae Harg, Senior Associate, Lauren Wright, Lawyer and Miette Xamon, Law Clerk

The end of year office Christmas party may be the highlight of the office year with the free-flowing bubbly and the cheese board, unwinding while celebrating achievements and getting into the festive spirit. But it can also be a silly season minefield of risk, and employers have been held vicariously liable for their employees’ inappropriate conduct. The aftermath can be complaints sexual harassment, violence, offensiveness, unfair dismissals, and alcohol related traffic offences or accidents.

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employee with disability

General Protections: Dismissing an Employee With a Disability

Posted by | HR Advice & Support, unfair dismissal | No Comments

By Renae Harg, Senior Associate and Miette Xamon, Law Clerk

Employer Found to Dismiss Employee Due to Disability

In April 2019, we published an article on the Federal Court decision of Robinson v Western Union Business Solutions (Australia) Pty Ltd [2018] FCA 1913. The Federal Court found the employee was dismissed due to his disability.

This decision was appealed to the Full Court of the Federal Court of Australia who set aside the earlier Federal Court decision. The Full Court held that the reasons for termination, being a failure to attend independent medical assessment and concerns about return to work did not breach s351(1) of the Fair Work Act 2009. Read More

unfair dismissal

Employee’s Unfair Dismissal Claim Dismissed

Posted by | Articles, unfair dismissal | No Comments

By Miette Xamon, Law Clerk and Nikita Barsby, Senior Associate

Commission Satisfied Employer Acted In Good Faith

The unfair dismissal application of a pharmaceutical store-person who suffered from debilitating depression and PTSD has been dismissed after the Fair Work Commission found that she was unable to perform the inherent duties of her role.

In Jack v Sigma Healthcare [2019] FWC 6364  the Commission acknowledged the lengthy period for which the employer kept the employee’s position open while she was ill/injured, and the procedurally fair process it conducted in terminating her employment. Read More

Dismissing an Employee

Probationary Problems: Dismissing an Employee on Their Probation Period

Posted by | Performance Management & Misconduct Investigations, Terminations, Unfair Dismissals & Adverse Action | No Comments

By Renae Harg, Senior Associate and Lauren Wright, Law Graduate

Can you terminate an employee during their probation period?

Some employers proceed under the misapprehension that they can terminate an employee on probation without providing any reason for the dismissal, with the employee unable to pursue any legal claim against them. The recent decision of Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd (No. 2) [2019] FCCA 1295 has shown this is incorrect. Read More

Single touch payroll

Single Touch Payroll: Implementation Deadline Passed

Posted by | complaince, pay rates, polices and procedures | No Comments

By Miette Xamon, Law Clerk and Nikita Barsby, Senior Associate.

Single Touch Payroll is a change to the way employer’s report employee tax and superannuation information to the ATO

The deadline for small businesses to start using the ATO’s Single Touch Payroll (STP) was 30 September 2019. The new system eases reporting requirements for employers to help ensure compliance with wage and superannuation payments. Read More

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