Archive for July, 2009

Employment Agreement error cost a small business $10,000

Sunday, July 12th, 2009

Recently an employer was compelled to pay $10,000 (plus representation fees) to an ex-employee after a visit to the industrial commission where his employment agreement was found to be incorrectly written and to contain a clause that should not have been in the agreement. 
This was an unfortunate and negligent error which could have been avoided by having a specialist draft the agremeent, a very expensive lesson. 
It is important to take advice and be careful because an employment agreement is a binding contract. A well written employment agreement can save you considerable money. 
The Fair Work Act is now in operation and now may be an opportune time to speak with us. 

 

Chiropractic Note on an Employees Refusal to accept Chiropractic Care - Beware!

Tuesday, July 7th, 2009

Many Chiropractors (and other service providers) insist that as part of employment that the employee must be under the care of a chiropractor with the employer or another chiropractor. Some employees have refused and have subsequently faced termination of their employment.  This practice is discriminatory, an act of duress and unlawful. 

Any employer who engages in these practices will be found liable and subject to a number of legislative damages and penalties that will severely impact their business.  You must ensure that even when employing a person and where they object to this condition that you are able to prove in the event they did not get the position and make a complaint that this was not a contributing factor. It is important to take advice as listening to friends or practitioners who may have previously insisted on this practice may be extremely damaging to your business. Speak with specialists like us,  www.biz-momentum.com 

Employee Reference Checks

Friday, July 3rd, 2009

It has been reliably proved that over 35% of resumes contain untrue data including positions and responsibilities held, qualifications including Masters Degrees and yet many employers make critical business decisions without having any reference checking. 

Failing to check references is a serious mistake that can cost your business dearly.  Ensure you check references and even degrees and do not take them at face value. 

If you wish to employ staff speak with us as Biz Momentum and their associates can find the very best employee suitable for your business while providing you with a written guarantee on referees, qualifications and other endorsements. 

  

 

Abandonment of Employment

Friday, July 3rd, 2009

There has been much said about abandonment of employment in recent days. This is due to the fact that many employers have failed to get the process right and find themselves on the losing end of the law.
Abandonment of Employment is where an employee’s continuing failure to attend work, and his or her failure to respond to enquiries from the employer about his or her non-attendance, may constitute a termination of the employee’s employment at the initiative of the employee through abandonment of employment. 
The circumstances of a particular case must show that the employee intended to end the employment by not reporting for work.  It is important therefore, if abandonment of employment by an employee is to be established, that the employer be able to demonstrate that the employee knew, or ought to have known, that his or her unexplained or unauthorised continued absence from work meant that he or she was giving up the employment.
For further assistance please speak with Biz Momentum.

 

The Fair Work Act - are you ready

Friday, July 3rd, 2009

The Fair Work Act started on 1 July 2009 closing the final chapter in the Work Choices legislation. The Fair Work Act brings many changes to your business. A recent survey suggests what many of us know; that is, many small businesses are not ready to cope with or do not understand these changes and requirements that affect them.

Biz Momentum are ahead of these changes and can assist you. In order to give you an overview please download the attached PDF article and contact us for further information on how to be compliant.An Ovwerview of the Fair Work Act