It is one of those areas of workplace investigations that causes no end of confusion.
This article will discuss the finer points of having a support person present during a workplace investigation.
Though, before we get to that, we need to understand what a support person is.
Section 387(d) of the Fair Work Act 2009 states
any unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussions relating to dismissal; and
This has been further clarified by the Full Bench decision in the V.A.T.E v de Laps  FWCFB 613
In layman’s terms, a support person is there to ‘support’ the person, not be their ‘advocate’. (more…)
What do you know about workplace investigations, and could you do one?
Before you break out the magnifying glass, pipe, and deerstalker’s cap, there are a few things you need to know.
To begin with, workplace investigations are something that should be taken seriously. Though that doesn’t mean that every investigation will be an inquisition.
By the same token, it also doesn’t mean everyone can be a ‘workplace investigator’. (more…)
The FWC’s decision to reduce penalty rates has divided the industrial relations ‘community’. The pundits claim that the decision will help small business, and increase employment.
Discussion around the decision has created a false dichotomy.
If you support the decision you are anti-worker. And, if you disagree with it, you are anti-business.
It also highlights one of the reasons why industrial relations in Australia is the way that it is.
The reality of the decision is that it will do very little to support small business, and could quite possibly be to it’s detriment. (more…)
IR Simplified: Read this before you hire your first employee
Your backyard, or hobby business has grown to the point where you need to expand to survive.
Expansion means hiring staff.
Though before you place that job ad in seek, there are a few things that you need to consider.
While employing staff can be a good thing for your business, if they
It goes without saying that before you actually hire someone, you need to work out if you can afford to do it.
Depending on how many hours per week you are employing someone, full time is usually the most cost effective option.
Keep in mind you the wage of the employee(s) won’t be the only expense. (more…)
Unfair Dismissal applications aren’t always about “go away” money
Two words that are enough to make a business owner break out into a cold sweat.
Or, so we are told.
What would you say if I told you that businesses shouldn’t be scared of unfair dismissal?
In fact, I believe that they should embrace it, and grow from the experience.
Why Is An Application Made?
What makes a former employee lodge an unfair dismissal application against your business?
Let me tell you that it isn’t to score a quick buck in “go away money”.