Can a Contractor Make An Unfair Dismissal Claim?

The short answer is “Yes” if the employer doesn’t follow the letter of the contract and/or has a poorly worded contract. Here’s what happened in Newton v Lendlease Engineering Pty Ltd (2018). Employment Contracts Must Be Specific An employee was engaged under an employment contract  ..

Patience and Good Record Keeping Are a Virtue

Managing employee conduct and performance can be draining if you are dealing with someone who fails to change their behaviour. It’s easy for a business owner or line manager to lose patience and act with haste. But a recent Fair Work case proved there are significant benefits for an employer if they follow due process  ..

Ho Ho. Oh No!

Work Christmas parties! It’s when management and staff get together for a few drinks and some fun. But it’s the relaxed, informal atmosphere of the work Christmas party that can “inspire” inappropriate behaviour, coarse humour and ill-chosen words. Then there are the photos and comments posted on soci ..

Five Tips to Manage Christmas Holiday Shut Downs

For many industries, the Christmas-New Year period can be so quiet it makes sense to shut down operations. Here are 5 tips to help you manage your Christmas holiday shut down. 1. Check if you can direct staff to take annual leave If you wish to close down between Christmas and the New Year, you can direct ..

Work-life balance – Is it a myth?

Permanent full-time or part-time employment is becoming harder to find in the current Australian workforce. Now terms such as zero-hour (casual work usually available at short notice) and gig work (short-term, temporary employment) are becoming commonplace. This trend is creating a philosophy of “work now wh ..

Sexual harassment – a workplace psychological hazard

The impact of sexual harassment is now recognised as having the potential to become a serious psychological hazard. With 1 in 4 Australian women reporting they were sexually harassed at work, it’s likely your organisation will be faced with this issue. With the party season rapidly approaching, now is the tim ..

Poor Performance From Key Personnel

Very often I find key personnel are allowed to behave differently to others in an organisation. It’s easy to understand – they are doing a great job and will be hard to replace so no-one wants to rock the boat in case they leave. But their poor behaviour and management’s tolerance of that behaviour c ..

Why Are Your Staff Working At Home?

If staff are regularly taking work home to “catch up”, you may be contravening the Fair Work Act - even if you haven’t asked them to do this work at home. It comes down to the operational needs of their role and whether you, as the employer, are asking them to work an unreasonable number of hours. T ..

Calling An Employee “Casual” Doesn’t Mean They Are

Calling an employee “a casual” in their employment contract doesn’t mean they are. In fact a recent landmark Federal Court case examined when an employee is deemed to be casual under the National Employment Standard (NES). The ruling has the potential to impact casual employment contracts across all  ..

5 Tips For Conducting Effective Candidate Reference Checks

Hiring the right person for your business is all about mindset … Your mindset! Too often, managers and business owners are so anxious to fill a position, they downplay the risks of making a mistake. One of the most significant risks is the loss of productive hours required to manage the “wrong” perso ..