Articles

In the realm of workplace relations, the expression ‘abandonment of employment’ has become synonymous with situations whereby an employee abruptly ceases to attend work for an extended period of time, without a valid explanation. While it may seem straightforward to conclude that an employee has indeed abandoned their employment, businesses must exercise caution to avoid potential legal ramifications (such as unfair dismissal), particularly where the employee has indicated they wish to continue working. The recent case of Nada Hinic v Safety Assembly Moulding Pty Ltd [2023] FWC 1006 serves as a reminder of the importance of thorough consideration before hastily…

Come Wednesday 7 June 2023, businesses will be expected to have adopted the changes relating to pay secrecy, flexible working arrangements and employee notification of zombie agreements as a part of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (the Act). These changes are just some of several significant changes to employer obligations in Australia which cover various areas including enterprise bargaining, pay secrecy, sexual harassment, flexible work arrangements, termination of enterprise agreements, and fixed-term contracts. This article will summarise these imminent changes as well as touch on future changes employers should keep their eye on for…

Workplace investigations can be timely and complex. From undertaking initial enquiries to undertaking witness interviews, it is important to ensure that a procedurally fair process is undertaken to maintain the integrity of the investigation and to be able to confidently rely upon its outcomes in taking disciplinary action. To ensure your next workplace investigation runs smoothly, the team at NRA Legal have developed five top tips for conducting effective workplace investigations. Plan the investigation Planning the investigation is the foundation of any successful workplace investigation. This includes identifying the scope and objective of the investigation, selecting the right team members…

As the job market remains competitive and top talent hard to find, organisations are finding it more challenging to fill leadership positions with suitable candidates. Instead of looking to external sources, many employers are investing in developing their current employees’ leadership skills. Developing leaders from within has many benefits, such as cost savings on recruiting and retaining top talent, as well as increased motivation and productivity from within your existing workforce. Here are the three most important leadership qualities that employers should look to cultivate in their employees if they want to promote leaders from within. Communication Effective communication is…

If an employee has brought a claim, such as an unfair dismissal or general protections claim, employers are faced with the decision of attempting to defend the claim themselves or getting an expert lawyer involved. Often, the decision which led to the claim was personally made by a senior leader in the business and that person wants to defend themselves as a matter of pride, or the business becomes of the view that, if an employee can represent themselves, then they can represent themselves too. Self-represented employers commonly find themselves having ‘bit off more than they can chew’ and experience…

As most business owners and HR professionals would be aware, the hallmark of any compliant workplace investigation or disciplinary proceeding is ensuring ‘procedural fairness’. Affording procedural fairness to an employee includes, among other things, not unreasonably refusing a support person. Where an employee is terminated and lodges an unfair dismissal claim, the Fair Work Commission (Commission), in determining whether the dismissal was harsh, unjust, or unreasonable, will take into account whether or not the employee was given the opportunity to bring a support person. As such, it is crucial for persons conducting workplace investigations and disciplinary proceedings to understand the…

As an employer, it is your responsibility to ensure the health and safety of your employees, not just in terms of physical health, but also in terms of mental health. An area of workplace health and safety legislation that has developed rapidly is how employers are expected to manage psychosocial hazards in the workplace. Psychosocial hazards refer to the environmental and social factors in the workplace that can affect the mental and emotional health of employees, in some cases creating a risk of psychological harm. These hazards can come in many forms, such as excessive workload, lack of support from…

In conjunction with many other allowances that employees may be entitled to, ‘special clothing’ and laundry allowances can be confusing and often overlooked by businesses. In many instances, employers fall into the trap of believing that employees can simply claim such expenses on their tax return. However, this common misconception has left many employers in breach of the applicable Modern Award/s. Which retail industry specific awards contain ‘special clothing’ and/or laundry allowances? The following Modern Awards, specifically pertaining to the retail and quick service sectors, contain a variation of a clothing and/or uniform allowance: General Retail Industry Award 2020 (GRIA);…