Tag: strikes (Page 1 of 2)

Conflict and Resolution At Work – Some Government Advice

March 6, 2013 / HRwisdom

Today we are looking at the issue of conflict and resolution at work and we are sharing some handy government advice.

Thanks to regular HRwisdom contributor Wendy Takasch for sharing this very useful information.

Over to Wendy . . .

Conflict and Resolution At Work

The challenge of running a business successfully can be very intense for anyone, no matter the person.

There is a substantial amount of work that goes into running a business and it can take its toll. In some cases it can all become a bit much, especially when it comes to areas such as employment and staff management.

So how do we manage our employees? Is there a correct way?

We can talk all day long about all the ‘right’ way to manage employees but in reality there is no one definite answer to offer.

The reason being is that every business is different and what works for you may not necessarily work for another company.

[box type=”alert”]

FREE WORKPLACE LAW ONLINE BRIEFINGS:

See available session times here: Free Workplace Law Briefings For Employers [/box]

There are of course certain jurisdictional and industry guidelines and obligations that each and every employer must abide by in respect to employees and their entitlements (if you don’t know them, maybe you should go check them out). These obligations are vast and it is important to not cut corners when it comes to employees or you may find yourself with more disputes then you can poke a stick at! Excuses won’t cut it, so we encourage you to do the right thing by your business and your employees.

The following tips, presented by Nicholas Wilson of the Australian Fairwork Ombudsman (and a little help from us) are excellent starting points to managing employees and keeping a positive and conflict free workplace;

Always abide by state and federal legislation and obligations
Keep all records regarding every employee
Make sure there is open communication in the workplace (make sure nobody feels discouraged or that they are talking to a brick wall!)
Lead. Have a good leadership program in place that motivates and engages employees and keeps them happy and productive.
Encourage expressions of opinions. Other people hold opinions that might not match your own.
Focus on the interests of people rather than personalities and job positions
Make all instructions and procedures, such as grievance and harassment, clear and easily accessible
Look out for people’s emotions. It doesn’t mean you have to be their counsellor, or best friend, but make a conscious effort to try and understand someone else’s point of view and feelings

As always, be proactive when it comes to conflict and resolution at work and managing your workforce will always be just that little bit easier.

[box type=”alert”]

FREE WORKPLACE LAW ONLINE BRIEFINGS:

See available session times here: Free Workplace Law Briefings For Employers [/box]

HRwisdom

Free Information On Workplace Law For Employers

Free Information Sessions On Workplace Law For Employers

January 15, 2013 / HRwisdom

HRwisdom will soon be rolling out free information sessions on workplace law for employers on a variety of employment law topics. Click to tweet this to your colleagues.

Update On Workplace Law For Employers

UPDATE: The webinars are now here: Free Employment Law Webinars

For a short time only, you will be able to tell us which topics you would like our guest experts to discuss.

To request a particular topic or vote on the broad topics below, please click here.

When the free employer briefings are ready, we will let you know by email.

So, make sure you have used the form over on the right to keep informed.

Unfair Dismissal
Managing Redundancies
Adverse Actions Claims
Enterprise Agreements
Contracts of Employment
Organisational Restructuring
Divestments. & Acquisitions
Workplace Health & Safety
Workers Compensation
Trade Unions
Managing Underperformers
Modern Awards
Employment Law For Small Business
Employment Law For The Public Sector

Employment Law Advice Video

HRwsidom

Do You Agree That Australia’s Employment System Needs This Change?

January 3, 2013 / HRwisdom

A recent edition of The Australian newspaper led with a strong call for change to Australia’s employment system.

The editorial was up-front and very clear in its argument that the workplace relations system was unwieldy, complex, and very costly in a variety of ways.

As part of its case, the newspaper quoted a study which found that four out of five employers felt the current labour laws had made business more difficult.

Here’s a brief extract of the editorial – we wonder what you think?

Here’s something for politicians to think about on the beach. Who is benefiting from Australia’s inflexible industrial relations system? Not the young workers and other casual staff missing out on shifts in shops, hot bread kitchens and cafes across the suburbs and even in tourist areas. Not their employers who find it more economical to close over the holiday season than pay the prescribed $40, $50 or more an hour. And not the customers paying more in the outlets that are open.

For five years, Julia Gillard’s Fair Work system has unwound 20 years of hard-won industrial relations reforms achieved primarily by the Howard government, but also by the Hawke-Keating governments, that encouraged decentralisation and insisted on workplace efficiencies in return for wage rises.

For the sake of prosperity over the next 20 years, especially in the slower sectors of the two-speed economy such as retail, tourism and manufacturing, both sides of politics must focus in the new year on more productive workplace relations.

The editorial then moved on to describe the expected consequences of not making changes to the national industrial relations system:

Youth unemployment in parts of Australia is already close to 20 per cent and will worsen as the economy slows. Tweet this statistic

As reported yesterday, a survey of 562 small and medium-sized businesses in NSW, Victoria and Queensland found that four out of five employers said the current labour laws had made business more difficult because of the compliance costs and complexity associated with the Fair Work Act (tweet this statistic) and the modern award system. One respondent to the survey, Mudgee-based earthmoving business Kodiak, spent $30,000 on legal fees to negotiate the intricacies of the act to strike an enterprise bargaining agreement with drivers and equipment operators. Tweet this statistic

Nor has Fair Work ushered in the harmony promised by Labor. Strikes in the construction industry, as well as in state public services, pushed the number of working days lost in the September quarter to their highest level in eight years. Tweet this statistic

The newspaper editorial continued with further such arguments and there was no sitting on the fence. It’s worth a read.

In an election year, we can be sure that Australia’s employment system will be up for a lot more intense scrutiny and debate.

We’ll keep you posted . . .

HRwisdom

Good Workplace Law Advice Victoria

December 23, 2012 / HRwisdom

At HRwisdom, as an advisory website that helps Victoria organisations with staff management and human resources issues, we have high standards when it comes to providers of good workplace law advice Victoria.

This is especially important when we continue to face ongoing changes to legislation that affects employment in Victoria.

This includes pay and conditions, unfair dismissal, occupational health & safety, discrimination and other such areas.

[box type=”note”]Click here to get: Victorian Employment Law Advice [/box]

Being proactive and having well-considered advice before things go wrong is the best thing to manage any business.

Good Workplace Law Advice of Victoria

The types of {problems|topics|issues} that {businesses|organisations|employers} in Victoria regularly seek {trusted|expert|well-considered} advice on include:

{Handling|Managing|Dealing with} unfair and adverse action claims
Restraint of trade clauses
{Handling|Managing|Dealing with} under-performing employees
{Handling|Managing|Dealing with} workplace redundancies
Drafting of employment contracts
{Correctly following|Working with|Dealing with|Interpreting} awards
{Occupational|Workplace} health & safety incidents
Discrimination and {bullying|harassment} {claims|allegations}
Fair Work Ombudsman {issues|claims|investigations}
{Bargaining for|Negotiating|Establishing} enterprise agreements
Buying and selling {enterprises|businesses}
{Union official|Union representative|Union} right of entry
{Managing|Dealing with|Responding to} government inspectors
And other such legal issues

These are the types of {problems|issues|challenges|hurdles} that can seriously {impact on|affect|drag down} the performance, profitability, and {standing|reputation|well-being} of any {organisaation|business|employer}.

{HRwisdom|We} have been {fortunate|lucky} to find a selection|handful|number} of friendly and professional Workplace Law Advice firms that really know their {topics|stuff|area}.

One of the {big|main|key} things we {prefer|like} about these {law firms|firms|legal firms} is their focus on being {fast-moving|proactive} so that you can prevent {dramas|problems} before they arise.

This is important because unfair {termination|dismissal} claims, {hiring|employment} {documentation|contract} {disputes|arguments} and other such {problems|hassles} tend to {arise|appear} {just|right} when your {important|major|all-important} report is due or just as you’re about to give a {significant|major} {talk|briefing|presentation}.

[box type=”note”]Click here to get: Local Employment Law Advice [/box]

Having your {workplace|employment} systems and processes {assessed|audited} and {correctly|quickly|properly} in place is definitely the best way to prevent the majority of {employment|workplace} claims and disputes.

Good Workplace Law Advice in Victoria

Whilst it is up to you which lawyer you use, HRwisdom respects and enjoys working with these smart, friendly and proactive workplace law teams.

You can find their contact information here:

Click here to see your: Workplace Law Advice” href=”https://hrwisdom.com.au/employment-lawyers/” target=”_blank”>Local Employment Law Experts

HRwisdom

Good Workplace Law Advice in Victoria Related Video

[youtube http://www.youtube.com/watch?v=NkVveW5-lSQ]

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Victoria – Good Workplace Law Advice

December 21, 2012 / HRwisdom

At HRwisdom, as an HR resources website that helps Victoria employers with staff management and human resources issues, we have high expectations when it comes to providers of good workplace law advice Victoria.

This is particularly important when we continue to face ongoing changes to legislation that affects management of staff in Victoria.

This includes pay and conditions, unfair employment termination, workplace health & safety, discrimination and other such areas.

[box type=”note”]Click here to get: Victorian Employment Law Advice [/box]

Being well-organised and having the right advice before things go wrong is the best way to manage any business.

Good Workplace Law Advice of Victoria

The types of issues that employers in Victoria regularly seek well-considered advice on include:

Dealing with unfair and adverse action claims
Restraint of trade clauses
Handling under-performing employees
Dealing with workplace redundancies
Drafting of employment contracts
Correctly following awards
Workplace health & safety incidents
Discrimination and harassment allegations
Fair Work Ombudsman issues
Establishing new enterprise agreements
Buying and selling enterprises
Union right of entry
Dealing with government inspectors
And other such legal issues

These are the types of challenges that can seriously affect the performance, profitability, and standing of any organisaation.

HRwisdom have been fortunate to find a selection of friendly and professional Workplace Law Advice firms that really know their area.

One of the big things we prefer about these firms is their focus on being fast-moving so that you can prevent dramas before they arise.

This is important because unfair dismissal claims, hiring contract arguments and other such problems tend to appear right when your all-important report is due or just as you’re about to give a major talk.

[box type=”note”]Click here to get: Local Employment Law Advice [/box]

Having your employment systems and processes assessed and quickly in place is definitely the best way to prevent the majority of workplace claims and disputes.

Good Workplace Law Advice in Victoria

Whilst it is up to you which lawyers you use, HRwisdom trusts and enjoys dealing with these smart, friendly and on the ball employment law teams.

You can find their contact details right here:

Click here to see your: Workplace Law Advice” href=”https://hrwisdom.com.au/employment-lawyers/” target=”_blank”>Local Employment Law Experts

HRwisdom

Good Workplace Law Advice in Victoria Related Video

[youtube http://www.youtube.com/watch?v=NkVveW5-lSQ]

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Good Workplace Law Advice SA

December 21, 2012 / HRwisdom

At HRwisdom, as an HR resources website that helps SA businesses with staff and human resources issues, we have high expectations when it comes to providers of good workplace law advice SA.

This is particularly important when we continue to face ongoing changes to legislation that affects employers in SA.

This includes pay and conditions, unfair termination, occupational health & safety, anti-discrimination and other such areas.

[box type=”note”]Click here to get: SA Employment Law Advice [/box]

Being well-organised and having the right advice before things go wrong is the best thing to manage any business.

Good Workplace Law Advice of SA

The types of problems that businesses in SA regularly seek expert advice on include:

Handling unfair and adverse action claims
Restraint of trade clauses
Dealing with} under-performing employees
Handling workplace redundancies
Drafting of employment contracts
Dealing with awards
Occupational health & safety incidents
Discrimination and harassment claims
Fair Work Ombudsman issues
Bargaining for enterprise agreements
Buying and selling businesses
Union representative right of entry
Responding to government inspectors
And other such legal issues

These are the types of hurdles that can seriously impact on the performance, profitability, and well-being of any employer.

We have been lucky to find a number of friendly and professional workplace law advice firms that really know their stuff.

One of the key things we like about these legal firms is their focus on being proactive so that you can prevent dramas before they arise.

This is important because unfair dismissal claims, employment documentation disputes and other such hassles tend to appear just when your major report is due or just as you’re about to give a significant briefing.

[box type=”note”]Click here to get: Local Employment Law Advice [/box]

Having your workplace systems and processes audited and properly in place is definitely the best way to prevent the majority of workplace claims and disputes.

Good Workplace Law Advice in SA

Whilst it is your decision which lawyer you use, HRwisdom trusts and enjoys dealing with these smart, pleasant and on the ball workplace legislation advisors.

You can find their contact details right here:

Click here to see your: Local Employment Law Experts

HRwisdom

Good Workplace Law Advice in SA Related Video

[youtube http://www.youtube.com/watch?v=avdxCuEi5yw]

Home

Good Workplace Law Advice QLD

December 20, 2012 / HRwisdom

At HRwisdom, as an advisory website that helps QLD businesses with staff and human resources issues, we have high standards when it comes to providers of good workplace law advice QLD.

This is particularly important when we continue to face ongoing changes to legislation that affects employment in QLD.

This includes pay and conditions, unfair dismissal, workplace health & safety, discrimination and other such areas.

[box type=”note”]Click here to get: QLD Employment Law Advice [/box]

Being well-organised and having good advice before things go wrong is the best way to manage any business.

Good Workplace Law Advice of QLD

The types of {problems|topics|issues} that {businesses|organisations|employers} in QLD regularly seek {trusted|expert|well-considered} advice on include:

{Handling|Managing|Dealing with} unfair and adverse action claims
Restraint of trade clauses
{Handling|Managing|Dealing with} under-performing employees
{Handling|Managing|Dealing with} workplace redundancies
Drafting of employment contracts
{Correctly following|Working with|Dealing with|Interpreting} awards
{Occupational|Workplace} health & safety incidents
Discrimination and {bullying|harassment} {claims|allegations}
Fair Work Ombudsman {issues|claims|investigations}
{Bargaining for|Negotiating|Establishing} enterprise agreements
Buying and selling {enterprises|businesses}
{Union official|Union representative|Union} right of entry
{Managing|Dealing with|Responding to} government inspectors
And other such legal issues

{HRwisdom|We} have been {fortunate|lucky} to find a selection|handful|number} of friendly and professional Workplace Law Advice firms that really know their {topics|stuff|area}.

[box type=”note”]Click here to get: Local Employment Law Advice [/box]

Good Workplace Law Advice in QLD

Whilst it is your choice which lawyer you use, HRwisdom trusts and enjoys dealing with these professional, pleasant and on the ball workplace legislation firms.

You can find their contact information right here:

Click here to see your: Workplace Law Advice” href=”https://hrwisdom.com.au/employment-lawyers/” target=”_blank”>Local Employment Law Experts

HRwisdom

Good Workplace Law Advice in QLD Related Video

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Worrying Workplace Law Statistics Affecting Australian Employers

December 4, 2012 / HRwisdom

Today’s HRwisdom Blog post contains some very concerning workplace law statistics for any Australian business.

We also share advice on how to prevent these problems from happening to you.

The President of Fair Work Australia (FWA) is required by the Fair Work Act to provide regular updates to the Minister for Workplace Relations.

Worplace Law Report

The latest quarterly report covers July 2012 to September 2012 and, even though it was only a short time period, there are some concerning things to note.

Unfair Dismissal Concerns Affecting All Australian Employers

Has employing people become any less risky?

There were 3521 claims for unfair dismissal under s.394. Click to tweet this statistic.
On average, the unfair dismissal process took 162 days to resolve. Click to tweet this statistic.
Furthermore, there were 545 separate applications that related to small business employers.

How many claims were dismissed because the dismissal was a case of genuine redundancy? Three.

How many claims were dismissed because the dismissal was consistent with the Small Business Fair Dismissal Code? One.

How many unfair dismissal cases were settled without a decision being made? 3307.

Much as we hate it, the majority of employers know that unfair dismissal claims are usually settled ‘on the steps’ before it goes to court – even if the employee was terrible and the business did the right thing and followed due process. Unfortunately, it is purely a commercial decision,

That’s one big reason why you need to already know and trust good employment lawyers before something goes wrong.

Industrial Action (Strikes)

In the area of Protected Action and Industrial Action, there were 476 applications for protected ballot orders and 31 applications to get the protected industrial action period extended.

Union Right of Entry Into The Workplace

In the area of Union Right of Entry into the workplace, there were 489 applications for right of entry permits and 498 were actually issued.

Flexible Working Arrangements Disputes

On six occasions, Fair Work Australia was asked to deal with disputes between an employer and the organisation regarding the use of flexible working arrangements.

Enterprise Agreements

There were 2108 applications for the approval of enterprise agreements.

However, there were 93 applications for FWA to deal with bargaining disputes made under section 240.
In the area of General Protections – Compliance, there were 543 applications for FWA to deal with disputes made under section 365.
There were also 134 applications for FWA to deal with disputes made under section372.

Confused?

It’s a good reason to work out a game plan before these sorts of issues arise.

We recommend being proactive and making contact with good employment lawyers early.

By being proactive and having your legal advisors in place before anything goes wrong, you can often significantly reduce your risks.

By being proactive, you can quickly audit your current position on workplace law compliance.

You can then identify clear strategies and action plans to fill any gaps.

Workplace Law Recommendations

You can see our legal advice recommendations here:

Workplace Law Video

HRwisdom

How To Avoid The Nasty Side Of Employee Relations

November 30, 2012 / HRwisdom

Most people have seen the nasty side of employee relations gone wrong at work.

Examples include:

Being caught out by government inspectors for using an incorrect pay formula after misinterpreting an industrial pay award or agreement.
Underperforming staff members claiming “harassment” or “bullying” by their manager or supervisor who has been clumsy in their attempts to apply the company’s performance management policy.
Employees leaving the company and then poaching key staff.
Facing backpay claims by not being clear enough on the Employee vs Contractor issue.
Not having solid employment contracts in place.
Botching staff terminations and redundancies (creating a terrible working atmosphere for those who remain).
Not knowing how to handle unions in the workplace.
Discrimination claims made and eventually costing the business time and money.
Strikes or threatened industrial action poisoning a previously positive workplace relationship with the employees.

What Proactive Organisations Do

To save themselves the headache, proactive organisations tend to tick the following four items off the To Do list as soon as possible:

Have all employment law documentation (including HR policies, procedures, letters and forms) in place.
Train all staff in the existence and the proper use of these human resources documents.
Provide good employee relations training to all supervisors and managers.
Have independent legal advice assess the documentation, processes, training before, not after, things go wrong.

Smart businesses add a 5th item to their list . .

The 5th item is to keep up to date with good workplace legal advisors so the business is ready for any problem that may arise.

Download Free HR & Staff Management Documents

You can download free staff management documents and details of legal advisors on a regional basis here:

Click here: Employment law advice

HRwisdom

New Free HR Templates Added To HRwisdom

November 21, 2012 / HRwisdom

New Free HR Templates Added To HRwisdom

HRwisdom has updated its resources and added more free HR templates and resources.

The documents are stored in State/Territory sections.

The free HR templates and resources come from a variety of sources including HR experts and government departments.

The free HR templates and management resources include:

Employee Attraction & Retention Guide
Employee Warning Letters
Unfair Dismissal Guide
Recruitment & Selection Guides
Employee Probation Letters
Employment Contract & Employment Letters
Employee Dismissal Letters
Redundancy Information & Documentation
Information on Discrimination, Bullying & Harassment
Parental Leave Information & Documents
How To Make An Enterprise Agreement
Flexible Work Information & Documents
Unions & Industrial Action Information
Best Interview Questions & Answers
Managing Generation Y Guide
And much more . . .

Get started now by using the login form on the right-hand side →
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Get Your Free HR Templates & Reports

Here are some examples of some of the additional free HRwisdom HR resources:

Employee Attraction & Retention Guide
15 Ways To Manage Staff In Uncertain Times
Sample HR Letters To Employees
How To Find & Keep Good Employees
Employee Contract of Employment Templates
How To Manage Redundancies Without Destroying All Employee Goodwill
The Changing Labour Market
Train The Trainer Course Guide

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