There is no doubt that swearing in the workplace is unacceptable – the Fair Work Commission (FWC) has repeatedly held that swearing in an abusive manner that is directed towards others is a valid reason for dismissal. Often employees seek to justify their use of coarse language by claiming that there is a culture of […]
READ MOREWhy companies get caught in underpayment scandals
These are the seven most common payroll mistakes and oversights that usually lead to scandals In recent times, there have been several major companies that have made payroll errors that have impacted thousands of employees. For example, the $43 million error by Rebel Sport this year, the $2 million error by Lush Cosmetics last year, […]
READ MOREBrace yourself for consequences: dentist penalised for non-compliance and personally ordered to rectify underpayments
The Fair Work Ombudsman (FWO) is responsible for ensuring compliance with workplace laws. It does this by investigating and taking enforcement action against suspected breaches of the Fair Work Act 2009 (Cth) (FW Act). Under the FW Act, one of the enforcement powers of the FWO is to issue a compliance notice requiring the employer […]
READ MORE‘Give us more training’, say payroll managers
The people in charge of ensuring employees are paid correctly and on time are reporting significant training shortfalls, according to the industry association — and most are unable to rely on government agencies to answer their resulting questions. “It is concerning to learn that payroll professionals feel significantly underqualified and undertrained for their roles,” said Tracy […]
READ MOREFool me once, sham on you: FWC refers employer to FWO over sham contracting
The rapid rise of concepts such as the gig economy has seen a significant shift in our understanding of the differences between independent contractors and employees. The distinction between the two is now more complex and can be difficult to discern, but regulatory bodies have made it clear that they will not tolerate the intentional […]
READ MOREThe Pelican Brief: FWC reinstates pelican feeder to job ‘as rare as hen’s teeth’
The Fair Work Commission (FWC) has recently ordered the re-instatement of a dedicated pelican feeder in the San Remo region in southern Victoria who worked only one hour a week, finding that his dismissal was without valid reason and procedural fairness (Matthews v San Remo Fisherman’s Co Operative [2019] FWC 4877). Prior to his dismissal, […]
READ MOREHow can employers minimise the incidence of payroll errors?
New research has revealed that 1 in 3 Australian organisations admit to making employee payment mistakes every pay run – and the CEO and CFO never know about it. Moreover, across 45% of organisations it’s the employees who alert managers to the errors. The Australian Payroll Association surveyed 601 payroll managers from big and small […]
READ MOREThe standard is the standard: Key takeaways from Workplace Law’s webinar ‘Managing Workplace Behaviour’
Workplace Law’s managing director, Athena Koelmeyer, recently presented a webinar entitled ‘Managing Workplace Behaviour’ during which she discussed many of the challenges faced by employers when it comes to managing workplace behaviour. For those who missed the webinar, below are our three key takeaways: Understand the difference between behaviour, performance and misconduct It is crucial […]
READ MOREBeing genuine – unfair dismissal, genuine redundancy and the redistribution of duties
Discussions with employees about restructures and redundancies are difficult and emotions often run high. Unfortunately, these things are a natural part of operating a business and can be the result of a range of factors from the introduction of new technology to the workplace, to a downturn in business. With emotions running high, explanations about […]
READ MOREIn the driver’s sheet – the importance of correctly characterising employee conduct
Employers regularly have to deal with issues relating to employee behaviour, work performance and misconduct. Often these concepts are interrelated and it can be difficult for employers to correctly characterise employee conduct and behaviour when a decision is made to commence a disciplinary process with an employee. However, if the characterisation of the issue at […]
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