Underpayment of Wages

One of the key aspects of the HR Central process is an audit to review appropriate award coverage and rates of pay. We do this because we especially want to make sure our clients are paying the right rates of pay and have not inadvertently made a payroll error. So it’s worth providing just some of the recent examples where the Fair Work Ombudsman have found underpayments – just to underscore what an important tool this is for you as an employer. The largest was a Camberwell café who had underpaid $24,300 to its employ
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Termination – Procedure

The Fair Work Commission (FWC) has found that an employee was unfairly dismissed where the employer failed to provide adequate notice and opportunity to respond to various allegations.
The Applicant  claimed the company had no valid reason to dismiss him and the procedure used to terminate was inadequate.


FWC found there was a valid reason for the Applicant’s dismissal.
However it was unfair due to problems with the process and these included
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Public Holidays FAQs

Q: What if my employee is working in another State on the day a public holiday falls in the State they are employed?
A: Your employee will be entitled to the public holiday applicable in the State in which they are employed.
Q: Can an employee refuse to work on a public holiday?
A: While an employee does not have to work on a public holiday, an employer may put in a reasonable request that they do so.
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Check Holiday Pay Rates Now

We know there is a lot happening at this time of year but HR Central strongly recommends you  become aware of the workplace rights and obligations of your employees over the Christmas/New Year period.   This is especially true if you are trading over this period as staff working the holidays will be entitled to applicable penalty rates.   If you don’t ,then often a failure to pay can result in hefty bills for back-payment of wages – not a great way to start the budget for 2015.   If you are
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Bullying Case – Performance Management

Fair Work has ruled an employee who received what was described as "heavy handed” treatment, including intolerance and low-level anger from both a boss and from a colleague was not bullied. What was most interesting and has come up previously was that the core issue was a poorly executed performance management process. As background - the employee received a written warning for leaving wooden steps where toddlers could climb them and also was counselled about applying the wrong sunscreen to a child at the day care cen
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End of Year Celebrations

As we head into our Christmas/end of year festivities its worth taking into account the following points as try to maintain reasonable behaviour across any planned events. Everyone should still be able to have fun and these points are likely help you to reduce the chances that inappropriate behaviour or actions that may occur at your work functions.
  • Promote your code of conduct
  • Ensure employees understand that the rules for appropriate workplace behaviour
  • Limit employe
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Bullying vs Performance Management

An employee has failed in his bid for an order to stop his managers from allegedly bullying him after he was told the perceived to be bullying was in fact “ordinary” performance management. The Fair Work Commission found the employer had attempted to address the employee’s performance on a number of occasions, which led to claims by the employee that he was treated “like a slave”. The employee told the FWC his manager told him to “go back where I came from” and “constantly intimidate[d] me to terminate my e
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OHS – Emergency Procedures

It does not matter where I go, HR & OHS are always on my mind. Last night I was swimming at my local pool when suddenly from the changes room a patron ran out saying emergency. Naturally, the lifeguards ran to the change rooms to determine what had happened. As it turned out , a swimmer had felt dizzy, fainted and cut his head open on the floor with significant blood spilled. Immediately the OHS part in my mind “kicked in”, and I wondered if they had a checklist to follow in the event of an emergency ? As I observ
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National Minimum Wage

The national minimum wage is currently $16.87 per hour or $640.90 per 38 hour week (before tax). Casual employees covered by the national minimum wage also get at least a 25 per cent casual loading. For award and agreement free junior employees, the percentage scale in the Miscellaneous Award 2010 is applied to the national minimum wage. Under 16 years of age  - 36.8% At 16 years of age - 47.3% At 17 years of age - 57.8% At 18 years of age - 68.3% At 19 years of age - 82.5% At 20 years of age - 97.7% At 21 years of
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Payment of Wages – Underpayment

A former petrol station operator has been handed a $123,000 fine by the Federal Court for underpaying two employees This was after the Fair Work Ombudsman (FWO) initiated legal action due to the operator not acting on the court orders earlier this year to back pay the staff. The Ombudsman alleged the petrol station underpaid two employees amounts of $21,637 and $25,621 respectively between 2008 and 2013. The employees were paid flat hourly rates ranging from $10 to $15.96 for all hours worked with no loadings or overtime.
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