BlandsLaw - Blog posts from policies & procedures
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A recent decision in the Federal Court highlights 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.

We recommend you carefully consider whether the terms of any policies or procedures that provide benefits to employees, or impose obligations on your business, are intended to be contractually binding on both you and your employees. It may be appropriate, for example, to clearly distinguish between “aspirational” statements and clear directions you expect employees to follow, or clear procedures that employees can reasonably expect your business to follow.

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A Queensland tribunal recently found an employer was liable after it failed to properly investigate a sexual harassment claim brought by one of its employees. (McCauley v Club Resort Holdings Pty Ltd (No 2) [2013] QCAT 243 (13 May 2013))

The case involved a sexual harassment claim made by a food and beverage attendant against a chef with whom she worked. The attendant claimed the chef had made derogatory comments to her over a number of days and made growling noises in her ear and around her neck. 
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A recent tribunal decision in Queensland highlights how important it is for employers to understand the dos and don’ts of performance management. In Ram v Yes Distribution Pty Ltd and Anor[1], the employer, an Optus reseller, required a sales employee to move to their Townsville store when forced to close their Cairns store for business reasons. The catch, however, was that during discussions with the employee about this relocation the employer chose to raise performance issues as part of the discussion. The employee subsequently claimed that she had been discriminated against on the basis of family responsibilities and that her family commitments prevented her making the move from Cairns to Townsville.

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Do You Need a Mobile Devices Policy?

Smartphones have become a ubiquitous sight in public and in the workplace. IPads and tablets are similarly common now in the office. These are all examples of mobile devices, and more companies are making these devices available to their employees and allowing remote access to system servers.  Increasingly, employees have devices of their own, and expect to be able to use them at work.  Most agree that these mobile devices are an indispensable tool, and many argue that they could not imagine working or running a business without them. But few people – and perhaps fewer employers –realise  the potential hazard they hold in their hands.

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REMINDER: WorkChoices record keeping requirements take effect 27 March 2007

The new record keeping requirements for employers come into effect on 27th March 2007.

Employers will need to ensure that compliant records are kept relating to:

  • Employer and Employee details
  • Hours worked
  • Pay records
  • Leave
  • Superannuation

Employers may be subject to inspections from the Office of Workplaces Services and heavy fines may result from non-compliance.

For a free "health check" consultation on your compliance please contact Andrew Bland on +61 2 9006 1675 or 0401 244 418.

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