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Personal/Carers, Compassionate & Community Service Leave.

1. Personal or Carers Leave 

Background and eligibility

The National Employment Standards (NES) details the entitlements to personal and carers leave. Paid personal or carers leave is the correct terminology for the phrase ‘sick leave’. All employees (other than casuals) are entitled to paid personal leave or paid carer’s leave, of 10 days per year. The entitlement to paid personal/carers leave accrues from year to year. Paid personal/carers leave is leave that is provided for an employee if, due to their own personal circumstances, they are sick or injured.

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Recent FWA Decision Stresses the Importance of a Social Media Policy.

A decision handed down on Monday 19 December by FWA has once again shown the need for organisations to have a social media policy in place. In this case a former Linfox employee was seeking reinstatement to his position after being terminated for comments made on his Facebook page. Commissioner Roberts commented on the need for a social media policy when, whilst lamenting the fact that Linfox did not have one, he commented that:

“In the current electronic age, this is not sufficient and many large companies have published detailed social media polices and taken pans to acquaint their employees with those policies.”

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The harmonisation of occupational health and safety laws was first raised by the Whitlam Government in 1974. Over the last 25 years there have been ongoing efforts to nationalise OH&sS state based requirements and obligations.

The national OH&S scheme is expected to come into operation on 1 January 2012 as a result of each state, territory and the Commonwealth committing to the harmonisation process. Seven out of nine jurisdictions have now approved the model work health and safety regulations and codes of practice and have committed to meeting the COAG deadline of 1 January 2012.   The two remaining states, Victoria and Western Australia are yet to commit.

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Getting It Right - Employee Leave Entitlements on entry, exit and during the course of employment

Welcome to our ‘Getting It Right’ series. This is the first of our series of articles addressing employee leave and their entitlements upon commencing employment, during employment, resignation and termination.

This week we are looking at annual leave and further in the series, we will be covering personal leave, parental leave, long service leave, leave without pay and other special leave.

“Getting It Right” means being aware of an employee’s leave entitlements, knowing how and when such leave can be taken and what is payable when leave is taken or the employment relationship comes to an end. This paper aims to clarify and consolidate your thoughts on annual leave.

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Andrew Bland with Peter Switzer on Sky Business News discussing the industrial relations impact of the Qantas dispute.


Andrew

Andrew Bland with Peter Switzer on Sky Business discussing Qantas dispute

 

We are continually advising employers to have thorough and compliant employment contracts in place with their employees. In addition we advise frequently on the need to have policies in place that deal with many aspects of daily working life including bullying, harassment and, one of the more important ones…occupational health and safety. We are often asked by employers “Why do I need these? Can’t people just use their common sense?” Our reply, all of the time is…”NO, because common sense isn’t common enough!”

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Tuesday October 25, 2011 - Tuesday October 25, 2011

Description:

Social Media Policies – Why Every Business Should Have a Social Media Policy

Following the webinar details for 25th October.

Topic is: Social Media Policies – Why Every Company Needs One

This webinar will cover: Risk management issues around social media that business’ need to understand

Who should attend?

  • Managers
  • PR and Marketing Professionals
  • HR Professionals
  • Business Owners

 

Register

Don’t Discount Redeployment Options to a Junior Role When Making Employees Redundant

The Fair Work Act 2009 (Cth) ("the Act") provides guidelines and provisions on the process of dismissing an employee, and in what circumstances a dismissal may be consider unfair. Under the Act, an employer will be exempt from an unfair dismissal remedy if the dismissal is made by way of a redundancy. However, the redundancy must be one that is considered genuine. At s389 of the Act, a person’s dismissal is not classed as a genuine redundancy if "it would have been reasonable in all the circumstance for the person to be redeployed within (a) the employer’s enterprise; or (b) the enterprise of an associated entity of the employer".

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Previously, we have discussed the notion of whether a company’s policies and procedures may be legally binding. In that article, we highlighted a recent decision in the Federal Court which outlined the importance of the content of company policy documents provided to employees and the need to ensure compliance with the processes and standards set out in such policy documents.

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Recently, there have been a few articles in the national news covering the issue of employees who have been sacked via text message. As an employment law firm, we have also witnessed the use of email and other electronic means to terminate employees.

In the recent text message case, Fair Work Australia (FWA) had to decide whether an employee was unfairly dismissed when a retail shop owner, Ms Sarkis of Modestie Boutique in Liverpool , summarily dismissed her employee, Sedina Sokolovic by sending her a text message which read:

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The return to work of an employee following maternity leave poses a challenge for employers- many of them seem unsure about their obligations and run the risk of falling foul of the Fair Work Act or anti-discrimination legislation.

 

What are employees entitled to?

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The procedural fairness requirements of the Fair Work Act, 2009 (Act) together with the recent line of decisions of Fair Work Australia (FWA), impose on employers an obligation to act carefully and consistently when disciplining and managing employees. This article addresses some practical strategies for effective performance management in the workplace.

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During times of low unemployment, and critical shortages of workers in some industries, it is not uncommon for employers to find themselves in the situation where they are selling themselves and their business, to potential employees. Likewise for recruiters, who will work hard to secure the best candidates for their clients, and in doing so will be making certain representations to those candidates about the overall performance and potential of the company.

Many employers and recruiters may find themselves in a situation where they and other business are vying for the services of a particular individual. In many of these instances, it is not just the salary that a potential employee is concerned with, but other less measurable factors such as career prospects, company growth and gaining increased credibility and exposure in their particular fields. The summary of a court ruling below illustrates the importance of taking care when making representations about these particular issues, to potential employees.

In the recent case of Moss v Lowe Hunt & Partners[2010]

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From 1 July 2011 the government will pay the Parental Leave benefit directly to employers, who will then be required to administer the payment to the employee. Employers need to ensure their pay systems are compliant and ready.

For an updated fact sheet on the governemnt funded paid parental leave scheme please click to download Parental-Leave-Fact-Sheet.

 On 6 April 2011 the Victorian parliament introduced a Bill to amend the Crimes Act so that serious workplace bullying could result in a jail term of up to 10 years. The definition of what type of behaviour would be covered by the legislation includes "using abusive or offensive words" that could reasonably be expected to cause physical or mental harm to a person (including self-harm).

Although Victoria is the first state to introduce legislation bringing this behaviour into the criminal sphere, if passed it is reasonable to suggest that other states will follow.

The introduction of this legislation reflects the wider problem of inappropriate workplace behaviour and making those responsible accountable for their actions. The proposed legislation would also cover online bullying which is of particular importance with the growing use of social media sites.

Implications for Employers
Employers need to be particularly diligent in ensuring:
1.    That they have clear policies and guidelines outlining what is acceptable behaviour,
2.    Defined processes for dealing with employees who do

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Are you looking for sample social media guidelines for your organisation? We have developed, in conjunction with bluewiremedia and QudosClub, two sample social media guidelines that you can download and customise to your organisations requirements.

1. Social Media Guidelines - Moderate - Suitable for organisations wanting to take a more temperate approach to social media in the workplace.

2. Social Media Guidelines - Unrestricted - Suitable for organisations that have fully embraced social media and would like relatively unrestricted use in the workplace.

Please note: These guidelines do not consititute a social media policy or legal advice. All organisations should have a separate, comprehensive social media policy that forms part of their policy suite, developed in consultation with a lawyer. For more information on social media policies please contact us on This email address is being protected from spambots. You need JavaScript enabled to view it.

Under provisions in the Fair Work Act 2009 (FWA), an employer cannot take adverse action against an employee because they possess, or are exercising, a ‘workplace right’. These provisions are found in Chapter 3, Part 1 of the Fair Work Act and are referred to as the ‘general protections’ provisions. General protections included workplace rights, industrial activities and other protections. These general protections are designed to protect freedom of association in particular.

The meaning of a workplace right includes the situation where a person is;

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