Tag: workplace lawyers (Page 2 of 3)

New HR Infographic - How To Create Employment Contracts

New HR Infographic On The Right Way To Create Employment Contracts

January 8, 2013 / HRwisdom

Recently, here on the HRwisdom Facebook Page, we shared a new HR infographic explaining the right way to create employment contracts.

The new HR infographic explains the key elements to ensuring that you have a good employment contract development process in place. Tweet This Infographic

The picture quickly outlines aspects such as:

Drafting your employment contract.
Understanding minimum entitlements.
Legal advice on social media and other tricky areas.
How to explain the contract to your new employee.
The employee contract review process.
Documenting the agreement.

The diagram is a very handy guide for any organisation trying to ensure that there are no hiring contract issues down the track.

Interested? Jump over to the HRwisdom Facebook Page now to see the new HR infographic.

For more workforce management information, watch the following HR video:

Local Workplace Law Advice For Employers

HRwisdom

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

Best Employment Law Advice Australia

December 31, 2012 / HRwisdom

Best Employment Law Advice Australia

At HRwisdom, as an HR resources website that helps Australian organisations with staff and human resources issues, we have high standards when it comes to the best providers of employment law advice in Australia.

This is especially important when we continue to face ongoing changes to legislation that affects employment across the country.

This includes pay and conditions, unfair dismissal, OHS, anti-discrimination and other such areas.

[box type=”note”]Click here to see your: Best Employment Law Advice Australia [/box]

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

There are many types of employment-related problems that employers in Australia regularly face.

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

HRwisdom have been fortunate to find a selection of friendly and professional workplace law advice firms that really know their stuff.

One of the big things we prefer 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, hiring contract disputes and other such hassles tend to appear right when your all-important report is due or just as you’re about to give a major briefing.

[box type=”note”]Click here to see your: Local Employment Law Experts [/box]

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

Best Employment Law Advice in Australia

Whilst it is up to you which lawyer you use, HRwisdom trusts and enjoys working with these smart, friendly and forward-thinking employment legislation firms.

You can find their background information right here:

Click here to see your: Local Employment Law Experts

HRwisdom

Best Employment Law Advice in Australia Related Video

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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]

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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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Written Warning Template for Australian Employers

Warning Letter Template For Australian Employers

December 17, 2012 / HRwisdom

If you are looking for a warning letter template for Australian employers to help manage an underperforming employee in your organisation, HRwisdom has one for you to download for free now.

You can buy HR documents here.

Whilst there is no legal requirement to provide formal written warnings, it is good business practice to do so. It will also strengthen your case should you ever be faced with a claim of unfair dismissal.

If it does go from underperforming or poor behaviour in the workplace through to termination and an unfair dismissal claim, the industrial commission will examine whether you warned the employee and provided a reasonable opportunity to improve their performance and conduct.

You should always seek expert advice in disciplinary matters because warnings may not be deemed appropriate in some cases of serious misconduct.

When disciplining an employee, the Australian Government recommends:

Clearly identifying the performance or conduct issue. This involves looking at how serious the problem is, how long it has existed and what actions you are going to take to address it.
Meet with the employee to identify and resolve issues before the situation becomes worse, clarify your expectations of the employee, and agree on solutions to improve the situation. During these discussions, it is very important that you do not set requirements or targets that are discriminatory, unlawful or otherwise unreasonable. Again, this is where professional legal advice is highly recommended.
Your disciplinary letter should include the details of the performance or conduct issue of concern, what has been discussed with the employee about the issue, what the employer will do to assist, an action plan of what steps the employee needs to take, and a reasonable time frame in which the changes or improvements need to occur.
Employees are not required by law to sign a copy of the letter.

Of course, regardless of how well your conduct your performance management process, the employee may still make an unfair dismissal or discrimination complaint or claim against you.

However, the better prepared you are and the more thorough you are in your processes, the better the chance of defeating the claim.

Warning Letter Template

If you would like to download a Government template for written warnings, click here:

Download Written Warning Notice Template

The ‘Colourful’ HR Video We Were Too Scared To Show You

December 5, 2012 / HRwisdom

Recently, the HRwisdom Blog post examined an unusual publicity campaign called: Nothing HR Can’t Sort Out In The Morning.

Since posting the article, we have been contacted by the company involved and they have provided us with a copy of a ‘colourful’ HR video on the theme of Nothing HR Can’t Sort Out In The Morning.

We admit it. As an HR website, we are too scared to share this HR video with you here on the HRwisdom Blog (but we’ll show you where to see it).

The company behind the video (Strike) began by asking its fans for their worst experiences of an office Christmas party.

According to the company: “Almost all responses from people who had a Christmas party in their workplace, reported that the party had been pretty bad, and listed so many things that were absolutely cringe-worthy, things like the CEO’s wrestling with staff, songs running off an iPod on repeat all night, terrible food, warm beers. The responses kept coming in.”

Using these replies, the company and their agency Loud&Clear have recreated the most common or ridiculous responses, in a quick walk-through of a truly terrible Christmas party.

Think, The Office.

Due to the ‘colorful’ nature of the video (though probably still rated G), we were too scared to share the video with you here on the HRwisdom Blog.

However, we have posted the video straight onto the HRwisdom Facebook Page (just note this as our ‘Viewer Beware’ disclaimer).

Watch the video if you dare (we’ve also included details of the company’s giveaway of a party for one viewer and 25 of their colleagues to experience a Christmas party with a difference).

Don’t forget to Like the HRwisdom Facebook page.

Watch the video and hopefully you’ll see that it was nothing that H.R couldn’t sort out in the morning.

HRwisdom

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