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Performance Management Discussions Don’t Need To Be Scary

  You have an employee who isn’t quite performing or contributing their fair share. While you know it’s something that you need to address, its certainly not something you’re looking forward to doing. Raising your concerns with an employee about under-performance can be a difficult task– especially if the person is a long-term member of […]

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What’s so important about the onboarding process?

Attention employers: here’s an easy way to help retain your talent. When research shows 25 per cent of employees leave their jobs after just three months, you know it’s time to address the reasons, and stop them from happening to you. [...]

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Casual Troubles: Redundancy payments to include prior casual service

Case Study: AMWU v Forgacs Engineering On 22 February 2016, the AMWU made an application in relation to an interpretation of the Forgacs Engineering Pty Ltd Enterprise Agreement 2013. The Commission was asked to determine whether prior periods of casual service count as service for the purposes of notice of termination and severance payments. The […]

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Corporate Inquisition: Proportionality and Fairness Key for Workplace Investigations into Misconduct

  It is well accepted that sexual harassment in the workplace is contrary to the law and allegations should be taken seriously and addressed appropriately and proportionately. Importantly, investigations into allegations of sexual harassment must be undertaken in accordance with Company policy and must ensure procedural fairness to both the victim and alleged perpetrator. These […]

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Under Pressure: Employer liable for psychological condition caused by high workload

Employers are required to take all reasonable steps to provide a safe workplace, and it is generally accepted that this duty can extend to preventing the risk of psychological harm caused by stress. However, employees often encounter difficulties when making claims in ‘overwork’ scenarios, particularly where they have agreed in their contracts to perform the […]

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Violence and threats of violence are unacceptable in the workplace

A recent Fair Work Commission decision held that an employer had a valid reason to dismiss an employee who created an unsafe work environment by threatening his colleague with violence. Maile v Inception WA Pty Ltd as trustee of the Araminta Trust T/A Jackson Asphalt [2016] FWC 6176 A foreman, who was a supervisor on […]

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Need a helping hand? How entrepreneurs can find great mentors when starting out

  For entrepreneurs just starting out on their start-up journey, it can at times be a lonely existence with little support. For this reason, it is important to find mentors who will help you find your direction and encourage you to reach your full potential. When you’re just starting out you’re full of great ideas. […]

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How To Avoid A Bad Hire In Your Business

For small and medium sized businesses, the makeup of your team can have a significant impact on overall performance. It comes down to not just having the right blend of skills but also the cohesiveness of the team and their engagement with the work that will give your business a competitive advantage. But what happens […]

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Employers entitled to rely on “the most relevant and comprehensive medical advice” in managing long term injured workers

In April, HR Legal reported on a decision of the Full Bench of the Fair Work Commission (FWC) which granted an employer leave to appeal against an earlier decision in which the FWC had rejected the assessment conducted by an independent occupational physician at the employer’s direction. The worker had been injured in a skydiving […]

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