NES

NES – The National Employment Standards Overview

What are the National EmploymentStandards? There are 10 minimum requirements under the NES.  The NES applies to all incorporated business (Pty Ltd) employing people in Australia.  This covers full-time and part-time employee.The NES includes:Maximum 38 hours work per week, plus reasonable additional hours;Employees may request flexible working arrangements (in can be made in certain circumstances12 months unpaid Parental leave (including adoption leave) and an additional right to ask for an extra 12 months;Annual leave – four weeks paid leave per year, plus an extra week for some shift workers.10 days of paid Personal leave (including sick and carer’s leave.  There are also entitlements […]

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Christmas party

Avoiding Christmas party & silly season nightmares!

T’was the season to be silly….falalalalalalaThe silly season is upon us and Christmas Parties and events are commencing.Did you know that litigation increases in the December to January period? In particular, sexual and racial harassment claims skyrocket.I’ve personally been involved in well over 300 conduct dismissals.  I estimate approximately 15-20% have been associated with client or workplace Christmas parties misconduct.Christmas parties/lunches are seen as an extension of the workplace and falls within the boundaries of in the ‘course of employment’. That means health and safety, bullying and discrimination laws are enforceable.The law hold employees accountable for their behaviour in official […]

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Is your business growing?

How does your business measure up for growth? Are you an employer of more than 5 staff seeking business growth? Have you wondered how your business measures up?Larger businesses have the advantage of employing HR and Organisational Development (OD) experts to enable high growth, help them become talent magnets that are engaged and great performers, as well as great brand ambassadors.As HR/OD consultants working with businesses of all levels, we are often engaged to help businesses grow, scale or change.The first thing we do when we are engaged is assess the quality and impact of the HR strategy, culture, organisational […]

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unfair dismissal

When dismissal goes wrong – sacked over the phone

When dismissal goes wrong Many businesses fall foul of Australia’s Unfair Dismissal Laws.  More small-medium enterprise businesses than larger.  It is critical for business to engage a HR expert early in the process and follow the guidance of HR to ensure this type of situation does not occur.  Some simple steps here, would have avoided this whole mess. In a recent case, a cleaning contractor Joss Facility Management was found to have unfairly dismissed Veronica Bennett, a 56-year-old female employee. In August 2016, Veronica commenced unpaid sick leave for an operation. During her recovery period she provided ongoing medical certificates […]

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law

Ex-Employee to pay legal costs for breaching confidentiality

The costs of Breaching Confidentiality In an interesting case, a former employee of Channel Seven, Executive Assistant Amber Harrison has been ordered to pay Seven West Media’s legal costs after the company took her to court for breaching a confidentiality agreement. This is a reminder to employers to ensure that you are clear on your obligations and expectations of employees, including your CEO!  This means ensuring strong employment contracts, great HR policies and processes and excellent employee communication. The case arose after a two year affair ended between Harrison had with CEO Tim Worner.  Harrison went on to make a […]

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