Common Employment Issues

Common Employment Issues

Q.Do I need to understand my award?
A.Fair Work Australia has said that every employer is required to understand and know their obligations under any award that covers their business. We have clients with less than 20 people covered by up to five different awards. We can take the complexity out of understanding awards for you.

Q.What are the National Employment Standards?
A.The National Employment Standards (NES) apply to all employers and employees in the national workplace relations system. Under the 10 minimum workplace entitlements that make up the NES, employees are protected by a safety net of fair, relevant and enforceable minimum employment terms and conditions.

Q.Why do I need an Employment Agreement?
A.An employment agreement assists the employer and the employee to understand the boundaries of their relationship. Failure to have a compliant employment agreement can limit disciplinary options in addition to handing your rights to the courts to determine what you should have done.

QWhy do I need to induct my employees?
A.Inducting employees into your business proves that you provided training and advice about how your business conducts itself and behavioural and legislative expectations.

Q.Have the rules for Unfair Dismissal changed?
A.Yes. All awards have very onerous consultation mechanisms that you must comply with to avoid Unfair Dismissal, Adverse Action and other claims against you.

Q.What should I know about redundancy?
A. Redundancy comes with many obligations, yet most business owners are completely unaware of them. From consultation to entitlement obligations, the onus is on you as the business owner to prove redundancy was equitable and fair. You can be required by Fair Work Australia to prove that the redundancy was not a sham arrangement.

Q.How do I manage difficult people?
A.Difficult people are a fact of life. An ounce of good advice can prevent you from a costly cure or fines and penalties.

Q.What is the difference between presenteeism and absenteeism?
A.Presenteeism is where the employee comes to work ill and not able to work safely. That places your business at risk under health and safety legislation. Absenteeism is where an employee stays away, usually for no apparent reason but to take a ‘fishing day’ at your expense.