The beginning of the financial year marks a number of important to changes to the employment law area. These changes, relate to minimum wages, penalty rates, the unfair dismissal threshold, annual leave and the Fair Work Information Statement. A summary of the changes to come into force from 1 July 2017 are outlined below.
Some employees hardly take any personal leave, and continue to accrue their personal leave days each year. However, on the other end of the spectrum, some employees appear to take vast amounts of sick leave, and often in excess of the statutory minimum of 10 days paid personal leave each year. Interestingly and possibly not surprising, a recent workplace investigation found that about 50% of all unplanned absenteeism was not medically related and costs businesses a staggering $33 billion annually. In this regard, the difficulty faced by employers is the ability to identify the reasons for sick leave, address any issues that may be a relevant factor in an employee taking “serial sickies” and dealing with the issue in an effective manner.
The incidence of domestic violence appears to be on the increase and it is now a much discussed social issue in Australia. The statistics regarding domestic violence in Australia are horrifying – one in six women, and one in 20 men, have experienced violence from a current or former partner since the age of 15. Just in the last week there were two instances of serious injury from domestic violence reported by mainstream media.
In NSW, each year approximately 200,000 potential jurors are randomly selected from the NSW Electoral Roll and included on a jury list. Approximately 150,000 of these people are sent a jury summons notice at some point in the year. This notice will require them to attend Court where they may be selected as a juror for a specific trial.
Happy 2017! The start of a new year is usually a time many of us reflect on what we would like to achieve in our personal lives in the year to come. However, many of us don’t take the time to reflect on our work or professional lives in the same way. With the new year in full swing, we thought now was a perfect opportunity to consider some of the leading themes emerging in the employment law arena already this year, with a view to discussing some of the steps you can take to ensure your business stays on the right track.
On Wednesday and Thursday last week Shana Schreier-Joffe of our office was invited to attended and present at the Global Mobility and Skills Forum in Adelaide. This was an international conference designed to explore the challenges facing business in dealing with skill acquisition and an increasingly mobile workforce.
There were numerous very experienced and thought provoking speakers at the conference, however one of the speakers, Aaron LePoidevin made a number of comments that we think require further discussion and consideration.
Employers are not always aware of their obligations in relation to privacy in the workplace. The invasion of employee privacy can occur in a number of different ways including through records and information, physical and electronic surveillance and monitoring. In Australia, several different legislative instruments govern how employers deal with employee privacy issues and different rules apply depending on the use of such information prior to and during employment.
From an organisational perspective, the advancement of digital workplaces and technology has increased the amount of information employers can access about employees. In addition the line between work and employees’ private lives has been considerably blurred in recent times as a result of social media and the breakdown of traditional working hours and modes of work.
People spend a significant amount of time with each other at work, it is therefore perhaps unsurprising that workplace relationships are common with which many employers need to deal. Most employers are often mortified at the prospect of having to discuss intimate or personal details with their employees and usually adopt the “don’t ask, don’t tell” approach. However, not only can a workplace romance impact on other employees, if such relationships sour, they can develop into bullying and sexual harassment claims, leaving the business and human resource professionals left to pick up the pieces. It is thus important for employers to know how to effectively manage these situations and ensure reasonable measures are in place so the business is not adversely affected.
Union right of entry laws are a cornerstone of our industrial relations system. Unfortunately, many employers can be caught out when a union official tries to visit their premises. It is especially vital for employers to understand their rights and obligations in this area, as unions do not have an unfettered right to enter, but nor can the employer improperly obstruct entry for a proper purpose.
As many of our readers would be aware, the second Thursday of September in each year, is a national day dedicated to asking family, friends and colleagues the simple question: “Are you okay?”. Given that Thursday 8 September has just gone by, and in light of growing global awareness of depression and suicide, mental health issues and domestic or family abuse, we thought it would be fitting to write a client alert about this topic.
During difficult economic times it is not uncommon for companies to face an array of monetary hardships, and in some cases, be compelled to or voluntarily take steps towards wind up the affairs of the business. Indeed, company directors and business owners have positive obligations under Australian Corporations Law to prevent insolvent trading. Whilst in some situations, the financial woes of an organisation can be saved through various forms of borrowing and other debt arrangements, this is not always the case. Current statistics indicate that approximately 10,000 companies go broke in Australia each year. When a company becomes insolvent and cannot meet its debt obligations, what happens to its employees, and any employee entitlements that are unpaid?
The election has come and gone, and we are all settling down with somewhat reduced Liberal Party presence in power. With the Liberal party staying in office we thought it was appropriate that we provide a brief recap on some of the Coalition’s key election policies in relation to employment and industrial relations. We also provide an update on a number of key employment changes since the election took place.