Biz Momentum Blog

An Adelaide company that employed two (2) employees was fined $288,000 for underpaying their two (2) workers less than $4,000.

Many business owners still continue to keep being surprised by the veracity of claims against them and the courts are continuing to take a tough line with employers they believe are deliberately flouting the law.

Employers need to be extra careful about industrial relations compliance and understand that it is not an easy exercise to remain vigilant and up to date with the many changes in addition to complying with modern awards.

Biz Momentum provides employers and businesses with expert advice in each state and territory – get the facts on 07 3349 5662.

If an employee is given payment for their employee entitlements upon termination of employment in lieu of working any notice period then the Fair Work Act considers that the Superannuation Guarantee is to be paid.

This can be a tricky issue in some situations and depending on your circumstances you should take advice. Redundancy and other forms of termination have different applications to what should or should not be paid or included.

Contact us on +61 7 3349 5662

The federal government have updated the Small Business Dismissal Code. The code contains some new questions that you must answer in order to satisfy the code.

We have made a copy available to you online.

Contact Biz Momentum 61 7 3379 5662 for assistance with dismissals and termination matters.

Small Business Dismissal Code

Having long term casual employees in your business comes with obligations.

Did you know a long term casual employee?

• Has the right to a claim for unfair and unlawful dismissal.
• Is entitled to paid long service leave.
• Must be given a copy of the Fair Work Information Statement.
• May be entitled to unpaid parental leave (maternity, paternity and adoption leave).

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As part of normal business practice today employers are increasingly dependent on employee’s performing their duties by using email and internet technology.

Recent studies have demonstrated that abuse of these systems is rife in the workplace.  In one investigation Biz Momentum discovered that one employee had visited over 500 different porn sites in a 6 months period. Employers have an obligation to inform, train and ensure that employees understand their responsibilities and rights in using the employers email and internet systems.

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Under Fair Work there is no statutory limit as to how long a verbal or written warning remains valid.
However as a general rule, depending on the severity of the circumstances and the event one to six months is appropriate.
In considering warnings there are some things an employer should consider;

• Ensure the confidentiality of the warning process as being between only those parties that have involvement in the process.

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Employee participation in unions has grown as more employees turn to unions to assist them in improving their pay and conditions.
Employers need to be educated about how, when, why and if unions become part of their workplace what their obligations are.
Call us to see how we can assist your business ensure that it complies with its employment obligations. Call us on 61 7 3349 5662 working Australia wide

In recent days Fair Work Australia has recovered significant amounts of employee entitlements underpaid to employees.

It is vitally important to ensure that you pay your employees correctly and that you understand your obligations surrounding termination of employment including payment of notice periods, redundancy payments, severance payment s to name a few.

Biz Momentum can assist you with determining what you must pay your employees and assist you safely navigate Fair Work requirements. 

Recent recoveries by Fair Work included:

• $16,900 for two Fortitude Valley cleaners underpaid their redundancy entitlements
  
• $16,000 for a Kangaroo Point educator underpaid wages in lieu of notice and accrued annual leave on termination of employment
  
• $7400 for a Indooroopilly food and beverage assistant underpaid hourly overtime and penalty rates
  
• $7300 for a manager in the CBD underpaid severance pay

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