Busting the Myths About Warnings
“3 Strikes and You’re Not Always Out” Issuing employees with official warnings is probably the most common form of employee discipline. Warnings are appropriate when an employee’s performance or...
Managing Long-Term Sickness Absence
We are often asked for advice by clients about how best to handle long-term absences when employees are on sick leave or absent due to a workers compensation claim. Some of the advices are related...
Federal Government’s IR reforms – significant changes ahead
Late last year, the Federal Government introduced into Parliament the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (the Bill), which represents a significant...
The COVID 19 Vaccination – can you force an employee to “take the jab”?
Roll out of the COVID-19 vaccination is expected to commence in March and employers may then need to decide whether to require mandatory vaccination of employees against the virus. This is a...
Case Shows the Need for Proper Investigations
An employee who was dismissed for allegedly stealing customer’s property has been successful in his unfair dismissal claim because the Fair Work Commission (FWC) found that the employer had botched...
Workers have a legal right to toilet breaks and to drink water while at the workplace
Whilst most people would think that this is the norm and is expected, a recent case involving a McDonalds franchise in Queensland the Federal Court has now made this determination. In an historic...
The Need to Get Your Policies and Procedures Right
I recently spoke at the Gold Coast Small Business Expo about the importance of policies and procedures and how critical they can be in the workplace to set the standard for behaviour and...
Resignation: do casuals have to give notice?
Does a long-term casual employee have to give notice of resignation? This question has recently been posed the question by a number of clients. Generally, there is no requirement for casual...
Fair Work Commission’s Endorsement of PIPs and Dismissal Process – A Lesson in Getting the Process Right
Many of our clients who have been to our Performance Management, Discipline and Termination Seminars would be familiar with Performance Improvement Plans (PIPs) and how important they are in the...
Clarification of Abandonment of Employment
We often have enquiries from clients about the issue of abandonment of employment; where a staff member has not turned up for a shift or shifts and not provided any notification or reason for the...
No Let Up by Fair Work Ombudsman During COVID Crisis
Whilst many businesses are closed and some struggling to stay in business during the COVID crisis, there seems to be no relaxation from the Fair Work Ombudsman (FWO) in pursuing and prosecuting...
Impact of COVID-19 What to do with Staff Moving Forward?
As the coronavirus devastates businesses and the economy, employers are being faced with the difficult decision as to what they can do with staffing levels as business returns to trading levels that...
High Court Overrules Federal Courts Sick Leave Decision
A Win for Common Sense The High Court has issued its determination in the contentious sick leave matter that was initially decided by the Federal Court last year (the “Mondelez” or “Cadbury” case)....
Australia’s First Industrial Manslaughter Case Decided – A Wake Up Call for Employers
There has been a landmark verdict in Queensland’s first prosecution of a company for industrial manslaughter. A Brisbane scrap metal yard (Brisbane Auto Recycling Pty Ltd) has been fined $3 million...
Resignation: Do Casuals Need to Give Notice?
The required notice of termination period to be given by an employee when resigning is determined by the applicable modern award, enterprise agreement, or the terms of an individual’s contract of...