John Lamb Workplace Relations Consulting in Cooee Bay | Local service

John Lamb Workplace Relations Consulting

Locality: Cooee Bay

Phone: +61 428 112 009

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24.01.2022 Payroll Tax ... is it possibly the most absurd tax in the country? Why would a Government purposely penalise employers for creating jobs? However .... for those Queensland employers required to lodge annual payroll tax returns, a reminder it is due this coming Monday, 22nd July.

23.01.2022 Personal/Carers leave (sick leave) ... can employers cash this out to employees??? http://www.lambwrc.com/personalcarers-leave-sick-leave-can/

23.01.2022 What is Considered Procedurally Fair when Disciplining Employees? 1. An Employee is entitled to know the allegations relating to poor performance or misconduct prior to attending a meeting to respond to them. There is no legal requirement to provide the allegations in writing, however that is recommended as there can be no issue over what the allegations were. 2. The Employee is entitled to consider their responses and take advice on how to respond to the allegations. Many ...Employers fall foul of providing the required amount of procedural fairness at this point, as they move too soon and require the meeting to occur immediately. 3. The information provided to the Employee should have enough detail, so the Employee is able to fully understand the allegation/s. 4. The Employee has the right to have a support person or an advocate present at the meeting. If the Employee introduces the person as a support person, they (support person) does not have any right to talk to on behalf of the Employee, unless the Employer permits it, an advocate, on the other hand may talk on behalf of the employee. 5. If there is more than one allegation, work through them slowly getting as much information as possible from the Employee. Treat each allegation as mutually exclusive from others and try to avoid going back, once the allegation has been addressed. 6. Once the Employee has finished responding to the allegation/s, the Employee should leave the meeting so that the Employer can consider what, if any action, they can take. The meeting should be as cordial as possible and not emotionally wound up. I will address how the meeting should be conducted in my next post.

21.01.2022 Do you have a potential Master Chef style wages claim waiting to happen? Hopefully not to the tune of $7.83 million like Mr Calombaris (who is now probably wishing he had sought expert advice on paying his employees) http://www.lambwrc.com/salaries-loaded-hourly-rates-award-/

21.01.2022 Big Brother is watching your superannuation contributions http://www.lambwrc.com/big-brother-watching-superannuation/

20.01.2022 Workplace bullying in my very own office! Chocolate rabbit being attacked by the mouse

20.01.2022 Employee Time and Wages Records

19.01.2022 Possible IR Reforms Wages Theft ... dont get caught. Click to read my full article http://www.lambwrc.com/possible-ir-reforms-wages-theft/

18.01.2022 What do you call a rooster staring at a pile of lettuce? A chicken sees a salad Have a great weekend everyone!What do you call a rooster staring at a pile of lettuce? A chicken sees a salad Have a great weekend everyone!

17.01.2022 Consideration after Responses In my last post I finished after the Employee had provided their responses to the allegations. This post will address an Employers options, which will largely depend on the complexity of the matter and the information the Employer has to hand. The Employer would need to assess the Employees responses against the evidence or the information they have. In order to avoid an adverse finding if the Employee makes an application for an Unfair Dismiss...al Remedy, the Employer should objectively assess the Employers responses. If the Employer is in any doubt what action to take, they should take advice, so they dont fall foul of an application the Employee may make to the Fair Work Commission. Action by the Employer should be proportional to the substantiated allegations and could range from the Employer not taking any action as the Employees responses to the allegation were acceptable, through to a written warning or dismissal from the Employees employment. If the Employee is dismissed from their employment, they are required to be provided with notice, this may vary depending on the length of continuous service the Employer has with the Employer, where dismissal occurs, many Employers see it as prudent to pay out the notice. Where notice is paid out, the employment relationship finishes immediately. If the Employee is dismissed for serious misconduct, there is no need for the Employer to pay out the notice. The reason being is that the Employee, through their actions, have broken the trust relationship between them and the Employer, making it unreasonable for the Employer to continue to employ the Employee through their notice period.

16.01.2022 Nice breakfast at the Capricorn Coast Chamber of Commerce meeting this morning. Saw some faces that I hadnt seen in a long time, as well as met a few new ones.

16.01.2022 Flexible Working Arrangements There is a new model award term requiring Employers to make a genuine attempt to reach agreement with Employees who request flexible work arrangements. The Award clause requires Employers to provide detailed reasons for refusing a request by an Employee and will come into effect from December 1st, 2018. While stopping short of handing Employees an unfettered right to demand flexible working arrangements, the clause compels employers to detail an...y alternative arrangements they can provide and lets workers dispute whether employers have correctly followed the process. However, the clause which has been designed to supplement the flexible work provisions in the Fair Work Act, leaves the Fair Work Commission unable to arbitrate disputes about whether employers have reasonable business grounds for refusing requests, unless such a power is specified in agreements or employment contracts. The result being, that an Employee who is refused a request for flexible working arrangements cannot put the matter in dispute about whether the Employer had reasonable business grounds to refuse the request. However, the Employee will have the right to put into dispute whether the Employer correctly followed the process. If you are unsure of the process required, contact me through this page.

16.01.2022 I just came across this photo of my old office when I was Regional Manager of Queensland Chamber of Commerce and Industry. Check out the antique computer monitor! And, apparently phone books were needed in those days ... does anyone still use a phone book?

15.01.2022 A little Friday fun ... A grasshopper walks into a bar, and the bartender says, "Hey, we have a drink named after you!" The grasshopper looks surprised and asks, "What? Kevin!" Have a great weekend everyone!

15.01.2022 Is an employee in Queensland entitled to accrue annual leave while on Workers Compensation??? http://www.lambwrc.com/employee-queensland-entitled-accrue/

15.01.2022 Bushfires November 2019 ... please follow the link to see if you may be eligible for ATO lodgement concessions (see list of postcodes at bottom of page). https://www.ato.gov.au//Specific-/Bushfires-November-2019/

10.01.2022 12-hour shifts - changes to personal/carers leave ... will this impact your business??? http://www.lambwrc.com/personalcarers-leave-12-hour-shifts/

09.01.2022 Is it time to put some order in your Disciplinary processes? http://www.lambwrc.com/importance-correctly-disciplinary-p/

08.01.2022 Casual Loading A Double Dip? With a view to resolving the matter relating to regular and systematic casual employees receiving a casual loading as well as annual leave, the federal government intends to use a new Fair Work Regulation to shield employers from "double dipping" where long-term casual employees are deemed to be eligible for leave entitlements. The IR Minister, Ms. Kelly ODwyer announced that the new regulation will provide "greater clarity" around an employers... legal rights to offset payment of casual leave loadings when compared to the National Employment Standards (NES) leave entitlements. The regulation will provide that, where an employer has paid an identifiable casual loading to an employee engaged as a casual, it may potentially be offset against any subsequent claim for NES entitlements. Accordingly, it is important that Employers, when employing casual staff, provide the casual employee with at least a letter of offer, clearly stating that a 25% casual loading is paid in addition to the hourly rate. It is generally a matter of course for the Governor-General to approve the regulation, when recommended by the government of the day. However, the regulation could be disallowed by a vote in the Senate when parliament resumes next year because it is a so-called "disallowable instrument". So, the matter of the Double Dip may not be resolved yet, it is sure to be on someones agenda when parliament resumes in 2019.

08.01.2022 I fully agree ... Small Business is a big deal and lets all behind our local small businesses!!!

07.01.2022 Evening out at the local Chamber Of Commerces workshop. Chuffed to be invited along as a HR/IR expert.

06.01.2022 Are your managers sufficiently trained to manage your employees???

06.01.2022 Do the employment contracts/letters of offer for your casual staff clearly state the status of their employment and identify the casual loading paid in their hourly rate??? http://www.lambwrc.com/casual-employees/

06.01.2022 Employers Christmas Functions Avoiding the Hangover This is the time of the year that many Employers host a Christmas function as a way of saying thank you to their employees for their efforts throughout the previous year. However, many employers are not aware of their legal requirements in relation to these functions. Following are a few Tips that may assist in ensuring that there is no ongoing hangover from the Christmas function. The fist thing to realise is that t...he Christmas function is a work function and the Employer and Employees have a continued duty to each other. A mix of alcohol and an informal atmosphere increases the risk of Employees being subjected to inappropriate behaviour, which may include, but not be limited to, sexual harassment, or workplace bullying. If the Employer has policies relating to Code of Conduct, Drug & Alcohol, Sexual Harassment, discrimination and Bullying. Employees should receive refresher training on these policies so that they are made very aware of what constitutes acceptable behaviour at the Christmas Functions. Prior to the function, Employees should be made aware that the function is a work function and their behaviour are required to comply with relevant Employer policies and procedures. Employees should be made aware that if they behave badly, they will still be subject to normal disciplinary processes. Employees should make arrangement to get home safely after the function if they have consumed too much alcohol. Conversely, The Employer can offer to arrange transport home once the function is finished. Ensure enough, nutritious food is available, proportional to the alcohol that is available. Bottled water and soft drinks should be made available. If there is an open bar, ensure that alcohol is served responsibly. Set a definite start and finish time, with no alcohol being served after the finish time. Employees who want to continue partying should move to another venue. Nominate and employee from your management team who will deal with any issue arising at the function. Employees should be made aware of who this person is and the fact that a direction by this person carries the same weight that it would at work. If despite an Employers best efforts, a complaint arises the complaint needs to be dealt with promptly and investigated.

05.01.2022 Its show time!!! Do you have problems with employees "chucking a sickie" for an extra long weekend? If so, read my full article here ... http://www.lambwrc.com/employees-chucking-sickie/

04.01.2022 Yesterday I receive a call from a client who informed me they had been approached by one of their casual employees who has been employed for 25 hours per week on a constant basis for 3 years. The casual Employee was claiming that she should receive annual leave. In August this year the full Federal Court upheld a ruling that an Employees regular predictable working arrangements meant he was an Employee entitled to annual leave, even though the employee was employed as a casual and was receiving a 25% casual loading. My advice, if you are an employer and are approached by a Casual Employee, is to inform the Employee, that the matter is still before the Courts and the status-quo will be maintained until the Court makes a final and binding order.

04.01.2022 Friday funny ... have a great weekend everyone!

04.01.2022 Conducting a Disciplinary Meeting 1. A disciplinary meeting is not an inquisition in a Star Chamber, it is a meeting to allow the Employee the opportunity to respond to a single or a number of allegations. 2. If the Employer or their representative goes into such a meeting emotionally charged, the Employee will most probably react the same way, causing the meeting to turn into a fracas.... 3. The Employee should be introduced to everyone they do not know. The Employer should have a person with them who will be taking notes, this person should not speak on the matter. They should also quickly go over the rules of the meeting and why it has been called. 4. The Employee should then be asked to provide their responses. 5. In providing their responses, Employees often state, Im not going to answer that. The Employers response should be Okay and move to the next allegation. It must be remembered that to provide the Employee with procedural fairness, they have to be given the opportunity to respond to the allegation. Whether they do, or they dont is their choice. 6. Generally, an Employer has a certain amount of information about the matter, if the Employee chooses not to respond to the allegation, the Employer is entitled to make up their mind on the information to hand. 7. The Employee may ask the name of the people who were witnesses or who made the complaint. At this stage the Employee does not have the right to know the names. A standard answer is it makes no difference who told us, the question is did you do the things stated 8. It is not unusual for an Employee or an Advocate come up with counter-allegations at the meeting. Dont be drawn in, inform the Employee or their Advocate that if that is the case, they should provide the Employer with the counter-allegations in writing and it will be addressed as the purpose of the meeting is to allow the Employee to respond to specific allegations. 9. After the Employer has provided their responses let them know that you will be considering their responses and will get back to them in due course. I will explore the options an Employer has in my next post.

04.01.2022 The Fair Work Ombudsman (FWO) has launched the first legal action using new reverse onus of proof provisions, that require employers to disprove underpayment claims if they have not kept adequate records. If you want to read more, please follow the link to my full website article. http://www.lambwrc.com/importance-keeping-correct-time-wa/

04.01.2022 Getting my Smart on in Rockhampton today. A great little initiative by RRC providing assistance and support to startups and small business owners. Check it out here for more info. https://www.rockhamptonregion.qld.gov.au//SmartHub-Rockham

02.01.2022 The personal/carers leave and 12-hour shifts issue I hi-lighted in an earlier post may be heading to the High Court ... stay tuned! http://www.lambwrc.com/personalcarers-leave-12-hour-shifts/

02.01.2022 Domestic Violence Leave now forms part of NES The Morrison Government yesterday (6/12/18) passed legislation to include the right to take up to five days unpaid family and domestic violence leave in the National Employment Standards. The Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018 was passed after an earlier unsuccessful push by Labor to set the standards at 10 days paid leave for family and domestic violence.... IR Minister Kelly ODwyer said millions more Australians would have access to a guaranteed entitlement of five days unpaid leave family and domestic violence when the law came into force. "This historic change to the law will enshrine a minimum standard for family and domestic violence leave to all Australians covered by the Fair Work Act," she said. "Regardless of the basis of their employment or the size of their employer, this change will provide a universal safety net entitlement for workers under the Fair Work Act." Workplace Express 6/12/18.

02.01.2022 Are your employees being paid under the correct Award?

01.01.2022 3% increase for Award Employees ... http://www.lambwrc.com/annual-pay-increase-award-employees/

01.01.2022 In my last post, about Managing Misconduct in the Workplace I finished by asking the question Does an Employer require a Disciplinary Policy or the like, to effectively manage a poor performing employee or an employee involved in misconduct??? The simple answer is No. A Policy is not required if the employer provides the employee with a fair measure of procedural fairness. A Policy document is recommended, as a well drafted policy provides employers, their managers an...d supervisory staff with a step-by-step guide on managing difficult employees, but it is not necessary. The important aspect (whether there is a policy or not) is that the employee is, as stated above, provided with procedural fairness, in other words natural justice. This is important if the disciplinary action may end up with the employee being dismissed from their employment. The employee may lodge what is known as an Application for Unfair Dismissal Remedy. When the matter progresses to a conference or a hearing, the process the employer followed will be examined closely and if the employee can show that the process that led to their dismissal was unfair, the employer may not fair well. To put it bluntly an employer may be able to clearly show the employee has been involved in misconduct or has an ongoing performance issue, however if they have not provided the employee with procedural fairness, they may have difficulty winning the matter. In the next post I will go into what is accepted as being procedurally fair.

01.01.2022 I strongly suggest ALL EMPLOYERS read the attached ATO fact sheet on Cash Flow Assistance for Businesses in response to the Corona Virus ... particularly those employers with apprentices or trainees. https://treasury.gov.au//Fact_sheet-Assistance_for_busines