Managing your staff in line with the Fair Work Act.

Managing staff in-line with workplace

legislation

About Employsure

Employsure is Australia’s leading specialist in workplace fairness and safety.

We help employers stay on top of rapidly changing legislation, and as specialists in the field, we take care of all your employment relations and work health and safety needs.

Our comprehensive service includes tailored workplace documentation, 24/7 access to expert advisers, professional representation in courts and tribunals, as well as comprehensive insurance in the event of a claim.

No other business in Australia offers this level of protection.

find us online www.employsure.com.au or call us on 1300 651 415

• Potential liabilities

• Bullying and harassment

• Unfair dismissal and adverse action

• Misconduct and poor performance

• Independent contractors

Agenda


• The Fair Work Act 2009

• Over 120 Modern Awards– Which one applies to your business?– What if you get it wrong?

• State and territory based health and safety legislation

Australia has one of the most complicated workplace relations systemin the world.

A complicated workplace relations system


37,000 applications were received by the Fair Work Commission last year.

25,000 complaints were dealt with the by Fair Work Ombudsman (FWO).

66% of bullying claims occurred in small to medium businesses.

Potential liabilities


To be clear, the Fair Work Ombudsman (FWO) is not an adviser, it is the regulator.

The FWO:

• investigates approximately 30,000 businesses every year and conducts prosecutions on behalf of employees for workplace infringements

• can issue penalties and fines

• is not there to give you commercial solutions or guide you through process

The Fair Work Ombudsman


Potential liabilities

Potential liability

Bullying and harassment

Adverse action and

discrimination

Unfair dismissal

Independent contractors

Breach of employee

entitlements


8 out 10 employees have experienced inappropriate behaviour.

• What constitutes bullying? What constitutes harassment?

• Where do your obligations end?

• Reasonable management action is not bullying



• Policies and training will help ensure a harmonious workplace

• How to manage a bullying allegation

• What happens if you do not address the allegation?

• How do we support you?



A dismissal will be unfair unless it was for a valid reason or genuine redundancy and a fair process was followed in relation to the termination.

• Valid reason: performance or misconduct

• Which employees have protection?

• How do I avoid a claim?

Unfair dismissal


• What type of actions?

• What are prohibited grounds?

• Why is it such an issue?

All employees are entitled to protection against adverse action because of a prohibited ground.

Adverse action


You run an engineering firm with 20 employees, one of whom has been underperforming.

The employee is a full-time employee and has been with the company for nine months. The employee has been warned about his lack of performance on a number of occasions.

The employee has previously made a complaint that his manager is bullying him and placing unreasonable work demands on him.

Can you dismiss?

Putting it into practice


• What is the difference between poor performance and misconduct?

• Are the below an indication of performance or misconduct? – Not hitting KPIs– Swearing at customers– Not following instructions

• Why does it matter?

• What is the end result?

Poor performance or misconduct?

Managing poor performance and misconduct


How do we support you?• Advice• Invitation letter• Meeting guidance• Outcome letter

Disciplinary process

Managing misconduct

Valid reason Invitation Meeting Outcome


• The employee must be given a reasonable opportunity to improve

• What are the possible outcomes?

• Collect specific evidence of poor performance

• Invite them to a meeting and discuss the issues

• Create a performance improvement plan

• How do we support you?

Managing poor performance


• Sham contracting risks

• How can you tell the difference?

• Others liabilities might still apply

Are they the solution?

Independent contractors

Complying with the Fair Work Act

ComplianceA complete review of employee

documentation and processes

InsuranceComprehensive insurance

cover if faced with a claim

AdviceUnlimited expert advice for all

your health and safety, and

employee management

needsRepresentationProfessional legal

representation in courts and

tribunals

Keeping your business safe.

Our health and safety service

Review of documentation and processes

Claims support and insurance

Safety management system

Unlimited advice and materials


To find out more about Employsure’s services, contact us today to speak with a consultant.

Get in touch

1300 835 [email protected]

Employsure’s services are provided in association with:

mailto:[email protected]

Managing your staff in line with the Fair Work Act.

Small Business & Entrepreneurship

Transcript of Managing your staff in line with the Fair Work Act.