Archive for October, 2009

Termination and Redundancy – Terminator Beware

Friday, October 23rd, 2009

With the introduction of the Fair Work Act 2009 all employers have increased obligations when terminating the employment of an employee to ensure they did so within accepted legislative guidelines. 

Employees are now able to allege that their termination and retrenchment was a sham and the onus is on you, the Employer, to prove otherwise. 

At Biz Momentum we have assisted many employers to safely manage legitimate employee terminations and redundancies. We were approached recently to represent an employer in the ‘industrial commission’. The employer was vindicated having conducted the retrenchment within legislative requirements. However we noticed that the process to prove their innocence was protracted and time consuming. 

There are lawful and legitimate ways to protect your business – if you don’t get a termination of employment right expect to be seriously out of pocket.  Visit us at www.biz-momentum.com for further assistance and contact details.   

Terminating the Probation of an Employee when on Sick Leave

Friday, October 23rd, 2009

Recently we were asked if you could safely terminate an employee still on probation while on legitimate sick leave having lodged a worker’s compensation form from their Doctor.  The short answer is NO. Why, discrimination. 

Visit us at www.biz-momentum.com for further assistance and contact details.

Malaysian Visit November 2009 - KL

Friday, October 23rd, 2009

On the 8th and 9th of November 2009 a senior associate of Biz Momentum will be passing through Kuala Lumpur. 

Should you be interested in speaking with us visit us at www.biz-momentum.com for contact details.

Australian Travel Allowances Tax Determination 2009 - 2010

Monday, October 19th, 2009

The Australian Taxation Office’s Tax Determination for travel allowances for the year 2009 – 2010 can be found in the attached PDF.

Visit us to see how we can assist your business at www.biz-momentum.com

 Travel Allowances ATO 2009_2010

Fixed Term Employment Agreements

Friday, October 16th, 2009

A number of questions have been put to us recently regarding Fixed Term Employment Agreements.
In this respect some general pointers are;

  1. Ensure you understand your obligations and rights in regards to entitlements and termination;
  2. Ensure the agreement has a commencement date and a termination date to avoid being deemed as defacto employment agreements;
  3. Avoid clauses which indicate that the agreement may be rolled over for a further term of employment.


In some circumstances employees will not have redress to the unfair dismissal laws and other entitlements however getting these agreements wrong can forfeit your right to these protections.

Biz Momentum has provided these tips as general industrial information only.

This area of employment requires vigilance and careful management. See us at www.biz-momentum.com for further assistance and to get your agreement today.
    

Loose lips sink ships – the Media and your Employees

Thursday, October 15th, 2009

There is nothing more unnerving that receiving a phone call or reading the local newspaper and finding a quote that you have purported to have made.

Most employees understand that speaking to the media or making statements on behalf of your business without prior authorisation is prohibited.

However to ensure this matter is understood ensure your code of conduct includes a statement prohibiting unauthorised media disclosure and contact in addition to directing the employee to refer any matter raised to management.

For further assistance see www.biz-momentum.com or contact us.

Sick Leave & Termination of Employment – Q & A

Wednesday, October 14th, 2009

Q:
Can you terminate the employment of an employee while that employee is on sick leave?
A:
No, it is unlawful to terminate an employee’s employment while they are on sick leave of up to 3 months. You will be in breach of the Fair Work Act and Anti-Discrimination Legislation.

Q:
Is the employer required to pay a terminating employee their personal/carers (sick) leave accrued to date?
A:
No, personal/carers (sick) leave does not get paid out on termination of employment.

Q:
What happens to personal/carers leave on transmission of business?
A:
The purchaser of the business must take over the leave balances for all personal/carers leave of each employee going over with the business.

The purchaser should ensure that the sale contract contains a reduction for taking on the personal/carers balances.

Visit us at www.biz-momentum.com for practical assistance and to contact us today!

Workplace Flexibility and Working Mothers

Thursday, October 8th, 2009

Workplace Flexibility is increasingly becoming an important tool in the arsenal of smart businesses to stay competitive and retain employees. In a recent study it was found that over 60% of working mothers are considering leaving the workforce and starting home based businesses. 

Working mothers face a barrage of daily challenges trying to balance the needs of their family and their career.

Over 50% of respondents were found to be open to reducing working hours to permanent part-time however an alarming 20% were found to be considering leaving the workforce for home businesses.

With the war for talent and employees exiting the workforce your business cannot afford to lose talented workers such as these.

There are strategies you can consider including flexible hours, part-time work and other retention strategies.

Visit us at www.biz-momentum.com and/or contact us for additional information and assistance.                                          

                             

    

    

Cashing out Annual Leave

Thursday, October 8th, 2009

The Fair Work Act allows the cashing out of annual leave by agreement. The provisions are subject to certain restrictions that include a requirement that an employee retains at least four weeks annual leave after the cash out.

A modern award may also make provision for cashing out annual leave. This provision may apply to award and award free employees.

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Workplace Culture – a clash of ethnicity

Tuesday, October 6th, 2009

Biz Momentum has detected an emerging trend in the workplace over the preceding years. Emerging trends indicate this culture as:

1. Increasing in the global race for talented people.
2. Where one ethic group dominates the workplace.
3. The rising use of mob power (gang power) to control other employees through fear.
4. Where employees use their native language as a means to freeze out people and keep them guessing.
5. Body language displays disproval of other ethnic groups.
6. Promotion is reserved for those who are of the same ethnic background regardless of talent or lack of talent.
7. Consequences are lower employee morale, low productivity, sabotage, frequent conflict and known to lead to serious violence including homicide.

This is not a simple matter to manage and a little education will assist your business in how to understand and manage this increasing trend. As cross culture integration specialists, Biz Momentum, has years of experience in assistance in management of complex workplaces.

Visit us at www.biz-momentum.com to see how can assist you.