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HR Risk Management

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Greg Mitchell

Paid Personal/Carer's Leave Clarified: August 2020

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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

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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

HR Q&A: How Do I Find the Correct Rates of Pay?

Without question, the Fair Work Act and other legislation impacting the employment relationship can be difficult to navigate, particularly for smaller businesses and organisations with little internal professional HR support. And with fines for individual breaches of the Fair Work Act potentially exceeding $60,000, it's little wonder that we end up...
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Greg Mitchell

HR Q&A: How Do I Know Which Award Applies? Determining Award Coverage and Classifications

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​Without question, the Fair Work Act and other legislation impacting the employment relationship can be difficult to navigate, particularly for smaller businesses and organisations with little internal professional HR support. And with fines for individual breaches of the Fair Work Act potentially exceeding $60,000, it's little wonder that we end u...
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Greg Mitchell

What I’ve Learnt About HR in Smaller Businesses

 I was recently invited to present to the Australian Human Resources Institute's networking group in the Central West region of NSW on the topic of "HR for Small to Medium sized Enterprises (SMEs)".In addition to sharing our exclusive 8 Elements to Success through People© Model as a means to assess and prioritise value adding people-management...
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Greg Mitchell

What do I need to do - Terminating during Probationary Period

Unless the terminated employee has completed more than 6 or 12 months service with the employer at the time of termination (12 months in the case of a small business with fewer than 15 employees, otherwise 6 months – this is referred to as the "qualifying period"), the employee will generally not be eligible to lodge a claim for unfair dismissal. I...
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Greg Mitchell

Right to Request Flexible Work Arrangements

We recently received a question from an employer who needed to respond to an employee requesting flexible work arrangements (to change from full time to part time and also do some work from home).Q: Can anyone request flexible work arrangements and can I say no?First of all, let's be clear about what we mean by flexible working arrangements. A requ...
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Margot Gallagher

Are your Casuals really Casuals?

On 16 August 2018 the Full Federal Court delivered a judgment which will likely have wide-ranging implications for the employment of casual employees across Australia.The primary consequences arising from the decision at this stage appear to be that:Regardless of the provisions or an award or enterprise agreement (EA), if an employee has a regular ...
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Margot Gallagher

Writing a (legal!) job advertisement

Optus featured in the news for all the wrong reasons last week, after placing a job advertisement seeking "Anglo Saxon" employees for its' Neutral Bay store (refer here for one of the news articles, this one from the ABC).As you might have expected, there was a public outcry and subsequently significant damage to the company, which is now in the po...
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8 Elements to Success Through People Recruitment HR Risk Management
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Greg Mitchell

Are You Aware of Pre-Employment Obligations?

We've been providing our clients with a fair bit of recruitment support lately, so an article by John Wilson and Kieran Pender of Bradley Allen Love in the current edition of HRM (the official magazine of the Australian Human Resources Institute – yes, exciting stuff!), caught my attention.The authors make the valid point that, while most employers...
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Greg Mitchell

6 Ways to P*ss Off Your Staff - Guaranteed!

One of my coaching clients mentioned to me the other day that he was working on some "anti-goals". Rather than focusing on what he wants to achieve in his personal and professional life, he's finding it more helpful to make a list of what he doesn't want (eg. "a job where I have no time for family", "a job with pay that doesn't give me enough incom...
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Greg Mitchell

"She's great at her job, but..."

On at least three separate occasions over the last couple of weeks I've had clients make comments to me along those lines, and it's frankly getting annoying.Please don't tell me "She's great at her job [Finance Manager by the way], but terrible at managing people".Please don't tell me "He's great at his job [Business Development Manager], but is in...
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Greg Mitchell

HR Compliance 101: What You Need To Know If You Are Engaging Others In Your Business

One of the key challenges for small business owners engaging others in the business is to understand and comply with legislative requirements. Here's the essential "HR stuff" you need to know:National Employment Standards:The National Employment Standards (NES) prescribe minimum terms and conditions of employment for those covered by the Fair Work ...
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Greg Mitchell

INFOGRAPHIC - Employee or Contractor?

​We frequently find ourselves helping business owners or managers distinguish between employees and contractors. While it might seem a matter of little consequence, there's much more than semantics at play. It's important to clearly understand the difference as the result goes a long way to determining the applicability of legislation and the right...
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Margot Gallagher

Poor Workplace Behaviour – Don’t end up in the news for all the wrong reasons…

There has in recent weeks been a huge amount reported and written about allegations of harassment (sexual and otherwise), bullying and intimidation against employees – often, but not always, women – by people in more senior positions. Whilst the focus of these allegations, both here in Australia and overseas, has been on the entertainment industry,...
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Greg Mitchell

‘TIS THE SEASON TO BE…..CAUTIOUS!

'TIS THE SEASON TO BE…..CAUTIOUS! "'Twas a few weeks before Christmas, when all through the workplace, not a creature was stirring, not even a mouse" …. that's not entirely correct. One creature that does traditionally stir at this time of year in many workplaces is the HR Manager, who plays the role of Scrooge as he or she proceeds to advise their...
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