Managing your staff in-line with the Fair Work Act

find us online or call us on About Employsure Employsure is Australia’s leading specialist in workplace fairness and safety. We help employers stay on top of rapidly changing legislation, and as specialists in the field, we take care of all your employment relations and work health and safety needs. Our comprehensive service includes tailored workplace documentation, 24/7 access to expert advisers, professional representation in courts and tribunals, as well as comprehensive insurance in the event of a claim. No other business in Australia offers this level of protection.

find us online or call us on in 5 employers are likely to face a claim this year. 66% of bullying claims occurred at small to medium businesses. 8 out 10 employees have experienced inappropriate behaviour. Why should you know your obligations?

find us online or call us on The Fair Work Act and modern awards Australia has one of the most complicated employment relations system in the world The Fair Work Act 2009 (the Act) provides basic entitlements to employees, such as leave and protection from unfair dismissal and adverse action Modern awards set minimum employment conditions –Which modern awards apply to your business and employees? –What if you get it wrong?

find us online or call us on The Fair Work Ombudsman 25,650 complaints financial year The Fair Work Ombudsman recovered a total of $23 million in back-pay for 15,483 underpaid workers nationally in the financial year Piece Rate Workers Farm Managers Seasonal Workers Casuals Visas Workers

find us online or call us on Unfair Dismissal Chicken farm employee ruffles feathers A chicken farm has had its feathers ruffled. An employee has won an unfair dismissal case and been awarded $7,000 in compensation even though she allegedly operated heavy machinery whilst intoxicated. Dairy Farmers - inappropriate s Seven employees who were dismissed by Dairy Farmers for sending, receiving and storing inappropriate s including pornography have been unsuccessful in their unfair dismissal applications to Fair Work Australia.

find us online or call us on Employee entitlements Key Employee Entitlements Flexible working arrangements Annual leave Minimum pay Community service leave Parental leave Notice & redundancy pay Conditions of work Fair Work Information Statement Personal/carer’s leave Compassionate leave Long service leave

find us online or call us on Entitlement –Full-time employees are entitled to 10 days each year –Accumulates Interestingly, the average Australian takes 9.5 days personal leave a year When are they entitled to take leave? How can you effectively manage absence? Personal/carer’s leave

find us online or call us on Basic entitlement: 12 months of unpaid leave, after 12 months of service Concurrent leave Return to work guarantee Flexible working arrangements –Not just for parents! –Reasonable business grounds to refuse? Parental leave and related entitlements

find us online or call us on Annual leave Compassionate leave Community service leave Long service leave Leave entitlements Questions to consider… What is the entitlement? Who is entitled to it? Which are casuals entitled to? What about unauthorised absence? What can you do about lateness?

find us online or call us on Bullying and harassment Managing poor performance and misconduct Termination - Unfair dismissal - Redundancy - Adverse action Managing employees There is a lot of protection for employees

find us online or call us on Is bullying and harassment a significant problem? What is bullying? - Aggressive or intimidating conduct - Unreasonable work expectations - Exclusion from social events What does ‘at work’ mean? The importance of policies and training Reasonable management action Bullying and harassment

find us online or call us on What is the difference between poor performance and misconduct? What do you think – performance or misconduct? - Not hitting KPIs - Swearing at customers - Not following instructions Why does it matter? Ensure you provide continuous feedback Use the ‘probation’ period effectively Managing performance and misconduct

find us online or call us on You need a valid reason for termination and must follow a fair process If a dismissal is harsh, unjust or unreasonable, the employee is entitled to compensation or reinstatement Which employees have protection? What is a valid reason? What is a fair process? What if the employee resigns? Unfair dismissal

find us online or call us on Redundancy pay can be significant Risk of unfair dismissal if it is not a genuine redundancy Genuine redundancy –Operational requirements –Consultation process –Redeployment What grounds can you select employees on? Is redundancy easier?

find us online or call us on All employees are entitled to protection against adverse action because of a prohibited ground Adverse action is any action to the detriment of the employee Prohibited grounds include discrimination, exercising a workplace right or absence because of illness or injury Why is it such an issue? - Uncapped compensation - You must prove the action was not connected to a prohibited ground Adverse action

find us online or call us on You run an engineering firm with 20 employees, one of whom has been underperforming. The employee is a full-time employee and has been with the company for 9 months. The employee has been warned about his lack of performance on a number of occasions. The employee has previously made a complaint that his Manager is bullying him and placing unreasonable working demands on him. Can you dismiss?

find us online or call us on Some questions to ask yourself… Do you have contracts and policies in place and do they protect you? Are you aware of all employee leave entitlements? Do you know how to run a bullying investigation? Do you know how to manage employee poor performance and misconduct? Do you know how to prevent claims for adverse action and unfair dismissal?

find us online or call us on Compliance A complete review of workplace documentation and processes Advice Unlimited advice and materials on health and safety and employment relations issues Representation Legal representation in courts and tribunals Insurance Comprehensive insurance cover if they face a claim How can Employsure help

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