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23.01.2022 How does your organisation 'harness the power of a positive workplace culture'? This article points to three key focuses, being employees' physical health; emotional well-being; and work-life balance. grow with you can partner with your organisation to enhance culture and promote unity, contact us today to find out how.

22.01.2022 As most of my clients are small businesses many of their employees have access to confidential information including marketing strategies, client lists and intellectual property, to name a few. One of the first items we work on is the employment contract, including restraint of trade clauses tailored to their business. Read this attached article for more information. If you would like a health check on your current employment contract do not hesitate to contact me on 0417 900 450 or at [email protected].

20.01.2022 Terminating an employee for performance issues isn't as straight forward as terminating for misconduct, as this article highlights. Providing support during ongoing performance issues is one way grow with you partners with businesses.

18.01.2022 Do you understand the culture of your business? Have you recruited according to what you think the culture is? Perhaps you’re looking at it the wrong way, as this study highlights. As no culture is the same grow with you can partner with your business to help redirect your focus.

17.01.2022 Have you even been confused about the role of a Support Person. This article from HopgoodGanim should answer your questions. Acting as a support person is just one way I support my clients during meetings. If you need this support, do not hesitate to contact me.

16.01.2022 A question I often hear is in relation to employment status, casual versus permanent. Many small business see appointing someone casually gives them flexibility to terminate the relationship if it doesn't work out. But what if it does... and you forget to switch the employee to a permanent contract? 15 years of annual leave back pay, as this article highlights.

16.01.2022 I'm looking forward to presenting at the Home Staging Symposium later this month!

13.01.2022 Many of my clients are within with disability sector and their staff travel to and from a client's home back to the office. While an employer can't be held responsible for the outside environment they still have certain obligations under Work, Health and Safety legislation. This article points to modes of transport being safe, adequate communication and robust work systems. ... If your organisation needs assistance with ensuring you meet your WHS obligations contact grow with you today for an obligation free chat.

10.01.2022 I have been chatting with many of my clients in the disability sector about the new data breach notification laws. The laws, which came into effect on 22 February 2018, strengthen individual privacy rights and improve transparency surrounding data breaches and how businesses notify those affected. This LexisNexis white paper authored by Madgwicks Technology Partner Dudley Kneller provides further information. If you need help in this area or know someone who does contact me ...today! https://madgwickslaw-wpengine.netdna-ssl.com//New-Data-Bre

09.01.2022 There is a fine line between having an amicable discussion about a mutually agreeable exit and constructive dismissal, as this article outlines. If you need assistance with these or other difficult conversations please do not hesitate to contact me.

09.01.2022 Having absenteeism issues with staff in probation? Thinking that if you terminate within probation you’ll be safe from Fair Work. This case will make you think again This case highlights Section 351 of the Fair Work Act that provides that an employer "must not take adverse action against a person who is an employee" on various grounds, one of which is "pregnancy". The judge’s decision, given the lack of proof by the employer to the contrary, was in favour of the employee. That is, that the employer representative viewed the employee as unreliable because she was frequently absent from work on personal or annual leave, due to pregnancy related illness". Dealing with tricky issues such as absenteeism is one way grow with you can work with you.

09.01.2022 Thanks Chantelle for the opportunity to share HR tips with small businesses in the disability sector.

09.01.2022 I was so grateful to be asked to be a guest speaker at the National Home Staging Symposium hosted by the International Institute of Home Staging. It was great to meet business owners and get an understanding of their HR successes and challenges. I look forward to supporting them into the future.

08.01.2022 Issues leading to termination can often be disputed. One common solution is to reach a separation agreement. Such an agreement will often see the dismissal rescinded by agreement and the employee allowed to resign with immediate effect. This agreement will usually preclude the employee's right to lodge an unfair dismissal claim, even if the employer later reneges on aspects of the separation agreement. Performance issues and employment separations are just one way we can partner with your organisation.

08.01.2022 A recent decision by the Fair Work Commission affecting 88 Awards allows casual employees to ask for conversion to permanent full-time or part-time work after 12 months or service. As an employer you need to know your rights too. Award interpretation is just one way grow with you can help support your business.

05.01.2022 As the market for talent becomes more competitive it is important to create a great employee experience and workplace. grow with you can help you connect to and invest in your talent. Contact me today to find out how.

04.01.2022 Did you know that one remedy for an unfair dismissal case is reinstatement? In West v Holcim (Australia) Pty Ltd [2017] FWC 2346, the terminated employee along with other Managers, had previously 'gotten away' with conduct that West was ultimately terminated for. In coming to a determination about West's ongoing employment Holcim relied on a previous unrelated warning and did not consider West's personal circumstances, being his age and being able to find comparable work in ...the area and previous satisfactory work history. Further Holcim was lacking in an appropriate investigation process. Key take away here is to ensure all instances of performance are addressed as they arise and in a consistent manner; rely on previous warnings only if relevant to the current issue; and allow adequate time for an employee to respond to allegations, taking availability of support people into consideration. If your organisation has a tricky matter to deal with, or needs assistance with ongoing performance issues contact grow with you today to see how we can partner and achieve the best possible outcomes for all parties involved.

04.01.2022 When an employee calls in sick as they would be hungover for work the next day, most employers would think ‘termination’, especially if the employee had received prior warnings. In this case the employee who called in sick submitted an unfair dismissal claim and was awarded $8,229 in compensation as their dismissal was deemed harsh. With the Christmas season nearly here it’s important any decisions you make about a employees’ ongoing employment aren’t harsh, unjust or unreasonable. If in doubt contact grow with you to assist.

03.01.2022 Have you had an employee submit a complaint you need to investigate? While most business owners find this situation daunting this article from HRM Online outlines the process in 4 easy steps! Contact me at grow with you for advice and guidance on dealing with some of the more tricky situations.

01.01.2022 Think you may have an employee presenting a medical certificate that contains misleading information? A recent decision in Shakir v Department of Family and Community Services [2017] shows that if in doubt an employer can investigate the validity of a medical certificate, or certificate of capacity. However before making a determination about the ongoing employment relationship, an employer should ensure they have sufficient evidence and that the investigation process leading to a decision is procedurally fair. Implementing processes and assisting with investigations are one way grow with you can support your business.

01.01.2022 Deciding you need an extra person in your business is an exciting time. It means your business is growing and all the hard work you’ve put in is paying off! In industries where work may be seasonal or inconsistent, it can be tricky on deciding how to engage a person. They two main options are to either employ someone or engage a Contractor. The difference between an employee and independent contractor is based on many factors. No single factor determines whether a person is... an employee or contractor. Instead, courts will look at each case and make a decision based on the totality of the relationship between the parties. There are, however, some common factors that may contribute to determining whether a person is an employee or independent contractor degree of control over work; hours of work; expectation of work and risk. The cost of getting it wrong, that is, engaging a Contractor, when it is deemed an employment relationship could include employers being responsible for back paying for annual and personal (sick) leave, superannuation and any monies owed that haven’t been paid in line with legislative requirements. The Department of Industry, Innovation and Science have developed the Independent Contractor Decision Tool that will help a business understand the whether a person is an employee or independent contractor. When I’ve used the tool for various client situations with consideration to the type of work the person is performing, the timeframe and the ownership of the work, the result I’ve received is ‘Based on your answers, it’s unclear whether your worker is a contractor or an employee.’ In these situations, I recommend my clients have robust Contractor Agreements should they wish to continue the relationship in that capacity. While having a contract in place does not mean that you can contract out of your obligations under legislation, you can safeguard your business against future claims by including a clause that outlines that any future claims will be offset against monies already paid above legislative guidelines. Contact me today for an obligation free chat about your business needs.