HR Central

If recent rulings are to be considered sexual harassment victims are more than likely to receive damages payouts valued around the six-figure mark. Most recently, a female manager at software company Oracle won a six-fold increase in her damages award from $18,000 to $130,000. The Federal Court attributed this to “prevailing community standards”. If employers don’t take seriously the way they approach harassment in the workplace. These figures should serve as a timely warning of what may lie ahead if they fail to put

A truck driver sacked for urinating outside the entrance to a warehouse will receive around $14,000 in compensation after the Fair Work Commission ruled his employer’s handling of the investigation rendered his dismissal unfair. The company dismissed the driver after viewing CCTV footage of him relieving himself at the distribution centre gate rather than waiting to enter the toilets inside (he had maintained an unblemished employee record for the previous 4 years). The company alleged that the driver lied to them when i

A recent decision at Fair Work has reinforced the need to ensure your process to investigate an incident are well organised and properly adhered at all times, after an employee was found to have been unfairly dismissed due to a flawed process. What was initially disturbing was the lack of  questioning of witnesses in a reasonable fashion and  manner which would have opened up more possibilities as to what actually happened . Importantly-  the investigation report was not provided to the driver before the meeting that le

A recent Fair Work Commission decision has once again highlighted the need for sound approach to how one deals with a companies termination procedure. The commissioner said too many Employers use what he termed a "scattergun" approach , when in fact they should have more tightly identified the area so concern when they are considering termination. It was almost as if they more the HR levelled against an employee , the more likely they would be found to be okay because there was bound to be something right in all the charge

As you may be aware, the new minimum wage rates apply from Tuesday, July 1 2014. Many employees without dedicated HR support may not be aware of this and as a result become at risk of underpaying wages to staff Signing up to HR Central includes our news and message service. This means you will never miss an important announcement when it comes to any changes to wages. Fair Work Website made the below announcement in regard to the news: “Since 2010, wages in awards have been gradually phasing from multiple state-based r

The inherent requirements of the role are the main area to consider in determining if an adjustment is reasonable in the context of an injured worker. Some key items that need to be taken into account include the job description, the actual tasks performed, and what is contained in the employee’s employment contract; Obtaining a medical opinion is essential if you are suggesting an employee cannot perform the inherent requirements of their role. This is because the impact of that decision is enormous on both you and the e

The importance of record keeping cannot be highlighted strongly enough.  The Fair Work Ombudsman recently made a note on their website with a further reminder about keeping accurate records. “Fair Work inspectors continue to see employers failing to keep correct records or issuing pay slips that contain the required information.” – HR Central is the ideal tool to ensure you are compliant and have all the right processes and procedures in place. .

A Sydney based cleaning company was first found to have underpaid its staff more than $18,000 after an audit in 2011. A follow-up audit in 2013 found additional former and current employees had also been underpaid more than $40,000. In one case, the underpayment was $3635 and in three other cases, more than $3000. The company decided to pay a flat rate for all hours worked which was a breach of the relevant Award that they fell under. As part of the process the Fair Work Ombudsman required an apology to all staff and recti

A café in Perth has been required to pay thousands of dollars in compensation after it was found to have been illegally deducting money from the wages of its employees. If you can comprehend this odd situation, on one occasion a female cook had $112 taken from her pay packet after her employer decided the crackling on a pork belly dish was “not crispy enough”. The most concerning fact in this matter was that the Employer believed it was “okay”. HR Central identifies these issues before they become Fair Work compla

In what is becoming an almost weekly occurrence, another large company is undergoing a self-audit due to issues that have arisen around the payment of wages. A Western Australian chicken outlet will have the wages of all past and present employees reviewed. The aim is to determine if they are being paid under the correct Award, classifications and are receiving the right payments. This all came about because of an audit by fair work inspectors – not because employees made a complaint. We often talk about the inspectors a