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HR Risk Management

HR Risk Management

Articles relevant to HR Risk Management
Greg Mitchell

COVID-19: The Big Questions - Can I mandate that staff be vaccinated? Can I require them to provide evidence?

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Perhaps not surprisingly, we're providing our clients with a lot of support at the moment in relation to COVID-19 vaccinations, so we thought we'd address the 2 most common questions:1. Can I mandate that staff be vaccinated?The validity of requiring compulsory vaccinations for any employee effectively comes down to a judgement as to whether t...
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Greg Mitchell

What and why you need to know about: General Protections Claims

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 A regular part of the support we provide to employers is helping them to manage the risks associated with employee terminations.While most of the time this involves us providing information and guidance to employers to prevent/defend potential Unfair Dismissal Claims by aggrieved former employees, we often also need to help them manage the ri...
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Greg Mitchell

COVID-19 Information & Resources

** This info is current as at the date of publication - 18th August, 2021 **Needless to say, the COVID pandemic and the regulatory and other responses to the pandemic continue to evolve.We're providing our clients and contacts with regular information and support to manage these difficult and sometimes complex issues. There's also a wealth of ...
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Margot Gallagher

The Role of a Support Person

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When the time comes that you need to have a difficult conversation with an employee, particularly in relation to matters such as poor performance, misconduct, potential dismissal or redundancy, it's important that the employee be provided procedural fairness – which includes allowing them to bring a support person to relevant meetings if they choos...
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Greg Mitchell

Responding to COVID Restrictions

The NSW Premier's announcement of additional COVID restrictions this weekend (17th July) has resulted in further challenges for employers and employees alike. If you own or are managing a business impacted by the tighter restrictions (including but not limited to those in the retail, construction and cleaning industries), you may need to consi...
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Margot Gallagher

Did You Know? Minimum shifts for casual employees

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Most modern Awards contain a provision that includes the minimum number of hours that a shift can be for casual employees. You'll usually find this provision in the Types of Employment: Casual Employees section of the relevant Award.Most Awards also specify that this also represents the minimum payment a person must receive – which means that if yo...
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Margot Gallagher

Annual Wages Review July 2021

Each year, the Fair Work Commission conducts a review of wages which ordinarily sees an increase in Award rates from 1 July. This years'  review has just concluded, and the Commission has granted a 2.5% increase in the minimum wage that will flow on to all modern Awards.The minimum wage (for an adult employee) will increase to $20.33 per hour....
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Greg Mitchell

Federal Budget 2021: HR Implications

The recent Federal budget contained a number of interesting provisions that employers should be aware of, particularly as you undertake your own budgeting and planning processes for the 2021-2022 financial year. For a full overview of the 2021-2022 budget provisions that potentially have implications for employees and employers, click here. Some of...
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Greg Mitchell

Employers be Aware: Changes to Casual Employment

** Article updated 16th April 2021 **While many problems remain with our complex industrial relations system, the Federal Government has at least managed to iron out a couple of issues related to casual employment with the passing of the Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2020 ("the Bill"), earlier this mon...
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Greg Mitchell

HR 101: Types of Employment (full-time, part-time, casual)

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This video provides an introduction to the different types of employment: full-time, part-time and casual.To access the video (on Youtube), click on the image to the left or click HERE. The video transcript is below.Note: shortly after production of this video (mid-March 2021), the Federal Government made changes to legislation affec...
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Greg Mitchell

COVID - Returning to the Workplace

 Thankfully, things appear to have settled somewhat on the COVID front in NSW, and the government has now removed the public health order requiring employees to work from home where possible.We're getting a few enquiries relating to staff coming back to the workplace, so this article takes a look at a few of the most common questions:Can I dir...
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Greg Mitchell

Paid Personal/Carer's Leave Clarified: August 2020

In a decision that is welcome news for employers (and HR people, accountants, bookkeepers and payroll people alike!), the High Court earlier this month provided some much needed clarification in terms of how paid personal/carer's leave is to be accrued and taken. The decision overrules an earlier controversial decision by the Federal Court [Mondele...
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Greg Mitchell

JobKeeper 2.0 - Update

The JobKeeper scheme has been a godsend to many small businesses and their employees endeavouring to cope with the COVID-19 pandemic over the last few months, While initially scheduled to end in late September, the federal Government yesterday (22/07/20) announced an extension and changes to the scheme. This article details key featu...
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Margot Gallagher

Employers Beware: The Risks of Engaging Casuals

A recent decision of the Full Bench of the Federal Court of Australia (WorkPac Pty Ltd v Rossato [2020]) has again highlighted the need for employers to closely monitor and manage the working patterns of casual employees to ensure they are working sufficiently irregular patterns of hours.Key to this case was that in each employment contract du...
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Greg Mitchell

Leading in Times of Crisis

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Among many other things, the Coronavirus/COVID-19 pandemic has caused me to think about leadership during times of crisis. While we look to the world's political leaders to provide us with information, support and guidance, people are also looking to their local community and business leaders to help them through these difficult times. A recent art...
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Margot Gallagher

Employers Beware! – New Annualised Salary Arrangements

It's reasonably common for employers to choose to pay some of their employees annualised salaries in an effort to incorporate a range of Award provisions such as overtime, leave loading and penalty rates. There are a number of Awards that include specific provisions for these types of arrangements, and such arrangements are often also applied to em...
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Margot Gallagher

Christmas Gift-Giving Tips

At this time of year, lots of employers consider paying their employee a Christmas bonus or providing their employees with a gift, to say thanks for a successful year. This can be a great engagement tool and motivator for staff, but there are a number of things to consider when determining what the most appropriate reward might be. What do people v...
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Greg Mitchell

Kill the Performance Review! (or maybe not)

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"Performance Reviews: Get Rid of Them" – www.theage.com.au 15/02/15 "Businesses Should Boycott Performance Reviews" – www.afr.com 05/03/14 "Performance Reviews: Is it Time to Kill Them?" – www.executivestyle.com.au 30/06/14 The headlines say it all really – the performance review has been under sustained attack for the last 5 years o...
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Greg Mitchell

Surviving the Growing Pains! – Managing Staff in a Period of Growth

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One of the common features of many of the businesses we come into contact with is that they are experiencing a period of rapid growth. They have a proven product or service, they're doing the right thing by their customers and they're reaping the rewards of their efforts – terrific! But life is not always wine and roses as they say, and a...
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Greg Mitchell

Managing the Risk of Employee Terminations

​I don't know if it's something in the winter air, but we have in recent weeks received an unusual number of requests from business owners and managers seeking assistance to manage the risks associated with terminating employees after sustained poor performance, or in cases of misconduct.And it appears that they are right to be wary - recent statis...
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