Claiming ignorance will be no defence!

The Work Choices legislation has fundamentally changed the Australian industrial law landscape. There are many things that you probably don't even know about the Work Choices changes. In some cases, failure to comply with the new obligations will expose your organisation, and even you personally, to financial penalties. The maximum penalty for a company that breaches its minimum wage obligation is $33,000 - and that's just for starters!

In May 2007 the Melbourne Magistrates' Court fined a security company $12,000 for underpaying its workers. The Magistrate said, "I do not consider that ignorance of [minimum wage] obligations is a matter to which I should give much weight. The obligations imposed … are serious."

The Federal Government is keen to make an example of defaulting employers. Since March 2006, the Federal Government agency responsible for ensuring compliance with the minimum wage obligations (Workplace Ombudsman) has recovered over $14.2 million in underpayments and secured the imposition of nearly $400,000 in penalties on employers.

New Industrial Relations laws - how they affect you, your business and your employees

Understanding your legal obligations as an employer can be difficult when the legislative framework is constantly changing.

Federal and State governments are making and amending legislation in accordance with divergent political agendas, and courts and tribunals are interpreting many of these laws for the first time, setting new precedents every week. Employers who fail to comply with the new record-keeping requirements will be liable for a penalty of $5,500.

Find out if you're exposed by turning to the Special Record-Keeping Report on page 5

Does your business comply with the new Fairness Test?

New rules brought in on May 7, 2007 mean you could be breaking the law with regards to penalty rates, overtime, shift work, rest breaks, incentive-based payments and bonuses, annual leave loadings and the observance and payment of public holidays in the way you make workplace agreements.

Find out if you're complying with the new rules by reading on...



A word from the editor

Finally! A simple resource that unravels the
complexities of new Industrial Relations Laws!

Dear Reader,

Keeping up to date with labour law developments is one of the biggest challenges facing Australian managers and businesses. Without a doubt, the government's Work Choices legislation represents the most radical redirection of Australian labour law since the conciliation and arbitration system was introduced in1904. The amendments vastly reduce the role of awards and the Australian Industrial Relations Commission, and increase the role of enterprise bargaining. Work Choices sets up a new system for determining the minimum wage, and reduces the dismissal protection for employees.

Problem is, not only is the new legislation often vague and open to misinterpretation, it is constantly changing, with the courts setting new precedents and requiring you, the employer, to constantly adapt your policies to comply.

Even something that used to be simple - working out an employee's minimum wage entitlement - now depends on such things as the 'legal personality' of the employer... what instrument regulated the wage immediately before Work Choices commenced on 27 March 2006... when the employer first started employing people… and when the employee started with the employer.

Labour law made easy - we've done all the hard work for you

A lot of my clients have indicated that they are waiting for a simple guide with all the answers in plain English explanations. With that in mind, we have developed The Employment Law Practical Handbook: a hands-on guide to labour law written in layman's terms to help you protect your business and stay on the right side of the law. We've done all the hard work for you. By following our step-by-step instructions, numerous checklists, sample forms, handy tips and suggestions, you can rest assured that you have covered all the bases.

Labour experts at your fingertips

More than 10 professional labour experts who serve on our specialist panel of writers. Find out who they are on page 14.

How will The Employment Law Practical Handbook help you?

Here is the difference this information will make to your everyday relations with your staff:

  • You'll have access to a variety of sample forms, letters, policies and contracts to save you the trouble of writing and developing your own from scratch.
  • You'll always be 100% up-to-date with important cases, changes in legislation and ground-breaking developments in the labour field via updates sent to you every 8 weeks and our fortnightly free email newsletter, the Workplace Bulletin.
  • You'll have consultants and lawyers sitting on your bookshelf 24/7.
  • You'll be guided every step of the way through procedures by following our comprehensive instructions and numerous checklists.
To avoid the risks, and make the most of your entitlements, I recommend The Employment Law Practical Handbook. For a taste of the sort of information you'll find in the Handbook, I invite you to browse through this special issue. I am sure you'll come across at least one valuable hint you can put in place today.

    FREE direct from the publisher 14-day trial offer: You pay nothing up front. Just let us know where to send your copy of The Employment Law Practical Handbook, and we'll rush it to your address. Take 14 days to read through the handbook to see if this is information you can use. If, after 14 days you decide it's not what you expected, you can send it back and there will be no charge.

Yours sincerely,


Charles Power
Editor-in-Chief
Employment Law - Practical Handbook


Order Your Copy Now Risk-Free by Clicking Here

Alternatively you can call 1300 782 911 or fax your order to (03) 9558 2219


Useful checklists to ensure your legal obligations are always covered

Simple checklists so you can see
which laws affect YOUR business

By Charles Power
Partner, Holding Redlich

In The Employment Law Practical Handbook you'll find step-by-step guides that help an employer determine the statutory obligations it owes employees. They cover the following issues:

Awards

  • Which awards applied to your employees pre-Work Choices (27 March 2006)?
  • What happened to these awards on 27 March 2006?
  • What will happen to the awards over the next 2 years?
  • Minimum obligations for the employer
Workplace Agreements

  • Are any of your employees subject to pre-reform certified agreements or Australian workplace agreements that took effect prior to 27 March 2006?
  • What happened to these agreements on 27 March 2006?
  • Options available to replace or renew these agreements under the new laws
  • Understanding minimum standards and prohibited content
  • How to lodge a finalised workplace agreement
  • The new "Fairness Test" explained
The Employment Law Practical Handbook will help you to answer these questions and to make the strategic choices available under the new framework for workplace bargaining.

Check your obligations to provide minimum employment conditions

The pre-existing sources of information about statutory minima are no longer reliable. For example, when Federal Magistrate Mowbray fined a Canberra restaurant $4,600 in January 2007, his Honour said that the poor advice given to the defendant by its industry association warranted a bigger fine (Mason v Harrington Pty Ltd).

The Employment Law Practical Handbook will also provide you with sample contracts covering:

  • Minimum wage
  • Frequency of pay
  • Weekly hours
  • Annual leave
  • Personal/Carer's & Compassionate leave
What are the new legal requirements for Parental Leave?

Organisations should develop clear policy guidelines and implement management training to ensure that parental leave is handled correctly. This is important during the period leading up to the leave, the period of the leave, the return to work and the period until the child is of school age. In addition to the new standards imposed by the Work Choices legislation, it is clear that an employer who unreasonably rejects a request from an employee returning to work from parental leave to work part-time or from home or to job share will be exposed to discrimination claims.

The obligation to consider these requests has been enshrined in many awards since the Family Leave Provisions Test case in August 2005. Under this provision working parents have the right to 'request' the employer to allow the employee a further period of up to 12 months' unpaid parental leave.


Order Your Copy Now Risk-Free by Clicking Here

Alternatively you can call 1300 782 911 or fax your order to (03) 9558 2219


The Fairness Test and your organisation

What is the Fairness Test, and how
does it relate to your employees?

Contrary to what you might think, not everyone has to comply
with the new Fairness Test. But what is it? What do YOU need to do?

By Kelly Godfrey
Senior Associate & Notary Public, Australian Business Lawyers

The Fairness Test

The Fairness Test for workplace agreements means that protected award conditions, such as penalty rates and public holiday pay, cannot be traded off without fair compensation.

The Fairness Test doesn't apply to everyone

In fact, the Fairness Test only applies:

    (a) to Federal workplace agreements (collective agreements and individual AWAs) lodged on or after 7 May 2007;
    (b) in the case of an AWA, where the employee is paid less than $75,000 pa;
    (c) if the workplace agreement covers work performed in an award or National Agreement Preserving a State Award (NAPSA) covered industry; and
    (d) where the agreement modifies or excludes one or more of the "protected award conditions".
The Employment Law Practical Handbook can assist you to determine whether you need to comply with the new fairness test.

What are protected award conditions?

"Protected award conditions" include:

  • penalty rates;
  • loadings for working overtime or for shift work;
  • rest breaks;
  • incentive-based payments and bonuses;
  • annual leave loadings;
  • the observance and payment of public holidays; and
  • monetary allowances.
If your agreement modifies or excludes any of these protected award conditions, you will need to comply with the new Fairness Test. The Employment Law Practical Handbook can provide you with further important information on this issue.

Just how much leave are you legally required to grant?

The Employment Law Handbook will answer all of your questions on employee leave. For example:

  • If your company closes over Christmas can you make it mandatory to take leave over that period?
  • Can I force employees to take annual leave?
  • Do employees lose their accumulated annual leave when they go on maternity leave?
  • What annual leave can you grant to part-time employees?
  • Can you accept medical certificates from traditional healers?
  • Are men entitled to paternity leave when their children are born?
  • When must an employee on maternity leave return to work?
  • Are employees entitled to return to a part-time position upon returning from maternity leave?
Will my agreement comply with the new Fairness Test?

When you lodge your agreement, the Workplace Authority Director will check whether your agreement provides "fair compensation" to your employee(s) for the modification or exclusion of one or more of the protected award conditions which would otherwise apply. The test is slightly different depending on whether you have a collective agreement or an AWA. The Employment Law Practical Handbook will guide you through the compliance process.

What if your agreement fails the Fairness Test?

The Workplace Authority Director will notify you in writing and also provide you with advice on how you can vary the agreement so that it will pass the test. If you don't respond within 14 days of receiving this notice, the underlying award or industrial instrument will continue to apply despite your agreement.

The Employment Law Practical Handbook will assist you to fix your agreement if it doesn't comply.



Order Your Copy Now Risk-Free by Clicking Here

Alternatively you can call 1300 782 911 or fax your order to (03) 9558 2219


Record-keeping requirements for Employers

Don't get fined $5,500 for failing to keep the right records!

How to check if you comply with employee record-keeping requirements. . .

By Charles Power
Partner, Holding Redlich

Check your compliance with employee record-keeping requirements

The Work Choices legislation imposes employee record-keeping obligations on employers. When the Work Choices legislation was introduced, the legislation provided employers with 12 months to revise their record-keeping systems in compliance with these new requirements.

Since 27 March 2007, non-complying employers are now liable to prosecution by the Office of Workplace Services Workplace Ombudsman. In cases of proven breaches employers are now liable to a penalty of $5,500.

Employers need to identify those employees for whom they must keep records of total hours worked and daily start and finish times and put in place systems, such as timesheet requirements, with respect to employees for whom such records must be kept. The Employment Law Practical Handbook will give you a checklist to enable you to verify compliance with record-keeping requirements

Tips for record-keeping

  • The record must show an employee's "nominal" hours and any change to those hours.
  • If the employee has cashed-out an amount of annual leave pursuant to a provision in a workplace agreement, the employer must keep a copy of the employee's written election to forego that leave and a record of the amount paid in lieu of that leave.
  • For those employees earning an annual salary of less than $55,000 (excluding bonuses, loadings, allowances and the like) the employer needs to keep records relating to the total number of hours worked by an employee.
  • For those employees with an entitlement to overtime under a workplace agreement, award or a contract of employment, the employer needs to keep a record of the employees' daily start and finish times.
Here are just SOME of the topics and issues covered in the Handbook:

  • 17 clauses that must be contained in your employment contracts
  • All your questions answered about leave
  • How to deal with probation effectively and legally
  • How to implement a disciplinary process that increases performance and not litigation: sample warnings, codes of conduct, levels of offence, types of discipline, sample policy and more
  • What your rights are as a manager with regard to employee privacy
  • What you can and can't ask in an interview
  • The legal do's and don'ts when advertising for a position
  • Designing a recruitment and selection policy
  • Your 6-step employment equity plan
  • A simple guide to completing your employment equity report
  • What to do when a grievance is reported
  • How to deal with trade unions
  • How to prevent and prepare for strikes, and deal with strike misconduct
  • Contact details for state and federal agencies and tribunals
  • Plus much, much more!


Order Your Copy Now Risk-Free by Clicking Here

Alternatively you can call 1300 782 911 or fax your order to (03) 9558 2219


Why not give us a no-obligation try?

8 reasons why you should take
a 14-day risk-free look at
The Employment Law Practical
Handbook

1 - If labour laws change, you'll know about it instantly

The Employment Law Practical Handbook is constantly monitored and updated. You'll receive updates (priced at $1.29 per page and consisting of approximately 115 pages) on a regular basis when any labour laws change or important judgments are handed down by the courts. Our experts will give you simple and practical interpretations of any new legislation and cases so you know what the changes mean for you. We'll also cover any new topics and issues that have never been discussed before. Thanks to the Handbook you'll never be surprised by any amendment and you'll stay on the cutting edge of lR developments!

2 - It's like having a panel of qualified labour law experts on-hand 24/7

Our authors are top class labour law experts. Who better to advise you than those who have decades of experience helping employers from a multitude of industries? What's more, each piece of information is verified by 2 independent consultants so you can rely 100% on the quality of advice given.

3 - If you have any labour questions you can always email our experts - for FREE!

As a paid-up subscriber, you can email basic queries to our panel of experts, and receive an answer. This service alone can save you thousands in lawyer's fees. And you get it free with your subscription.

4 - Our sample contracts, letters, policies and forms will save you time and money

With the handbook you get: contracts of employment, a warning letter, a dismissal letter, a contractor agreement, performance evaluation checklists, a disciplinary policy, a sample notification of a disciplinary hearing, a substance abuse policy, retrenchment letters, a disability audit, a grievance form, an Internet and email user policy and sample AWA agreements.

5 - Practical tools and simple guidelines make applying labour laws in your company fast and easy

All our information is clear and easy-to-follow. You'll get:

  • Step-by-step instructions take you through every stage of compulsory legal procedures
  • Checklists make sure you haven't forgotten anything
  • Real life examples to give you a clear picture of what to do in particular scenarios
6 - Stay on top of important deadlines with our FREE email newsletter

Every two weeks you will receive the Workplace Bulletin as part of your handbook to update you on important labour dates and events. You can also read other subscribers' questions answered by our panel of experts.

7 - Reply within 14 days and receive a just-published FREE report

If you reply quickly, we'll rush you the brand new report "How to Stop Stress Claims Costing Your Company Money" (see more below). It's a groudbreaking publication that helps you deal with all kinds of workplace stress-related issues. And it's yours, FREE!

8 - 14 risk-free days test-run the Handbook

Order your copy of the The Employment Law Practical Handbook for a 14 day trial period and check for yourself how useful it is. After these 14 days you can continue to use it by simply paying the invoice sent with the handbook. Or, you can return it to us and we'll clear the bill.

FREE GIFT! Complete the order form on page 16
and we'll also rush you the just-published report:
How to Stop Stress Claims Costing Your Company Money.

An employer must, so far as is reasonably practicable, provide and maintain for its employees a working environment that is safe and without risks to health.

It is generally accepted that this duty extends to risks to health and safety posed by psychosocial hazards in the workplace, such as stress, bullying and workplace violence.

But just how far do you need to go to protect your employees under these guidelines?

Claim the FREE report today, How to Stop Stress Claims Costing Your Company Money and you'll discover:

  • How to detect psychological hazards in the workplace
  • How to adopt a bullying policy
  • How to approach disability discrimination issues
  • How to manage performance fairly and reasonably
  • How to deal with stress-related compensation claims, and much more. Arrange for your 14 day risk-free trial of The Employment Law Handbook and this valuable resource will be yours, FREE OF CHARGE!


Order Your Copy Now Risk-Free by Clicking Here

Alternatively you can call 1300 782 911 or fax your order to (03) 9558 2219


Recruitment advertising - are you discriminating without even knowing it?

An insider's guide to discriminatory advertising

Are your recruitment ads lawful? If not, your ignorance could cost you!

By Kelly Godfrey
Senior Associate & Notary Public, Australian Business Lawyers

Are you breaking the law with recruitment ads?

Did you know you could be unwittingly breaking the law every time you advertise a position? If your recruitment ads are discriminatory, legal action may be taken against you and your business. If this legal action is successful, you may be required to pay an amount of damages to the unsuccessful job applicant and pay their legal costs, in addition to a fine. You may also be ordered to publish an apology or a retraction (or both) or be required to change your recruitment practices.

The Employment Law Practical Handbook will help you ensure your recruitment advertising is always 100% legal.

Are your recruitment ads discriminatory? Here's how to find out. . .

It may seem a little absurd, but even seemingly innocent words used in your recruitment ads can be considered under law to be discriminatory. This can be the case if they discourage some people from applying for the positions on unlawful ground because of their sex, race, age, disability etc.

WORDING TIPS WHEN WRITING RECRUITMENT ADS:

Try using the following substitute words instead of those which have the potential to discriminate:

Avoid Using:
Junior
Senior or Mature
Years of Experience

Girl Friday/Office Junior
Foreman
Workman
Saleswoman
Instead Use:
Seeking experience
Person Possessing initiative/responsible/capable
Successful track record/proven experience/demonstrated ability
Office Assistant
Supervisor
Worker
Salesperson

The Employment Law Practical Handbook can assist you to write lawful recruitment ads for your business.

Are there any exceptions to or exemptions from the rule? Yes there are! There are both exceptions and exemptions to the prohibition on discriminatory job ads. There are a range of exceptions listed in both State and Federal EEO laws, which make it lawful to advertise for a particular type of person.

For example, where there is a genuine and relevant job requirement that the job be performed by a particular person. So it is important to check if one applies. For instance, it generally would not be discriminatory to:

  • employ a male actor for a male role in a play; or
  • employ a female fitting room attendant in female change rooms.
You can also apply for an exemption if the purpose of the recruitment is intended to benefit or promote equal opportunity for a member of a disadvantaged group. For example, if you wish only to recruit persons for the position who are Aboriginal or Torres Strait Islanders.

The Employment Law Practical Handbook can assist you to determine whether an exception applies and if not, help you apply for an exemption.



Order Your Copy Now Risk-Free by Clicking Here

Alternatively you can call 1300 782 911 or fax your order to (03) 9558 2219


Hiring and firing - know the facts so you're always covered

How to deal with employee misconduct
without breaking the law...

Effectively dealing with employee misconduct can be a legal minefield.
Unless you know the guidelines - and stick to them.

By Charles Power
Partner, Holding Redlich

If you, the employer, dismiss an employee wrongfully for misconduct, you'll be exposed to claims for significant compensation in courts and tribunals. The Employment Law Practical Handbook will provide a simple checklist designed to mitigate your legal risk in disciplining and dismissing employees for misconduct. The Handbook will include templates to be used to give warnings and notice of termination, including a Conduct Issue Report and a Final Warning Notice.

Can you be accused of 'Constructive Dismissal'? Here's how to find out. . .

An employee who has resigned in circumstances where the employee believed he or she had no choice but to resign may allege 'constructive dismissal'. Examples of conduct which might 'force' an employee to resign include:

  • Ordering an employee to carry out work causing a serious risk of harm;
  • Unreasonably or unnecessarily punishing an employee;
  • Fundamentally changing an employee's duties without the employee's consent;
  • Repeated attempts to unilaterally vary the employee's contract of employment;
  • Failure to pay wages;
  • False accusation of theft; and
  • Abusive language.
The Employment Law Practical Handbook will provide a checklist to enable you to identify cases where a resignation might be followed by a constructive dismissal claim. Apply for your risk free trial today and you'll easily be able to assess your legal exposure. We'll also help you develop means to mitigate your risk by making a severance agreement. You'll find an exact template of this in the handbook.

What are the best LEGAL ways to tackle poor work performance?

Inappropriate performance management does not simply attract legal exposure for an employer under unfair dismissal laws. Consider the following real life cases in which employees have challenged steps taken by an employer to improve their performance:

  • An employee disciplined for absenteeism successfully alleged that the employer had discriminated against her because of her depressive illness.
  • An employee subject to performance counselling by a manager alleged that her employer had permitted the manager to bully her in breach of OHS laws.
  • An employee confronted with allegations of misconduct causing stress-related illness claimed damages in negligence.
The Employment Law Practical Handbook will provide you with a simple checklist which will enable you to manage employee performance in a manner that can assist you to defend a claim in the event of any legal challenge.

Your Handbook will always be up-to-date

You'll receive updates every two months alerting you to any changes in labour law or important cases. So you'll never have to worry that your handbook is out-of-date. And you'll never have to buy a newly updated version. Updates are priced at $1.29 per page and are approximately 115 pages. You can cancel your subscription at any time. You can also send the update back to us (and NOT pay for the update), and your participation in the service will automatically end.

As a paid-up subscriber you can also take advantage of these 2 FREE services:

1. Labour helpdesk: You can send us a simple labour query at any time and our panel of experts will answer it within 48 hours.

2. Information archive: You can access all our past articles on our website.



Order Your Copy Now Risk-Free by Clicking Here

Alternatively you can call 1300 782 911 or fax your order to (03) 9558 2219


Hiring and firing - correct procedures that mean you're always in the clear

Is your business EXEMPT from unfair
dismissal claims?

Effectively dealing with employee misconduct can be a legal minefield.
Unless you know the guidelines - and stick to them.

By Charles Power
Partner, Holding Redlich

The coverage of federal unfair dismissal laws has been reduced by Work Choices. It's prudent to know how the new unfair dismissal laws apply to your employees. You can do that by following this Unfair Dismissal Exemptions Checklist:

  1. Federal unfair dismissal laws will not apply when terminating employment for genuine operational reasons.
  2. Another exemption is where the employer and any related corporations employ in total 100 or less employees.
  3. Employers employing 15 or less employees are exempt from award obligations to make severance payments to retrenched employees.
  4. State unfair contracts jurisdictions in NSW and QLD, which were previously an avenue to recover redundancy compensation, no longer apply to corporations.
You will find the following sample contracts in the Employment Law Practical Handbook:

  • Contract of permanent employment
  • Fixed-term contract
  • Contractor agreement
  • Contract for a casual worker
There are 17 elements that must be contained in the employment contract. Protect your business by including another 9 vital points in your contracts. The Employment Law Practical Handbook tells you exactly what they are.
WATCH OUT when writing a bad reference for an ex-employee!

Generally speaking, there is no positive obligation to provide a reference following termination. If a reference is to be given, it should be honest.

If a terminated employee was not a good employee, then care should be exercised in providing a reference. A negative reference may, in certain circumstances, lead to an action in defamation. A former employer may also owe a duty to an ex-employee to exercise reasonable care in the giving of the reference.

There will be circumstances in which the giving of a reference may not be appropriate. In these cases the former employee should be provided instead with a statement of service, setting out the period of employment and the duties performed. Reference checks should be answered by reference to the terms of the statement of service.

The Employment Law Practical Handbook will help you develop management guidelines regarding the issuing of references and statements of service and provide templates to enable you to create these documents.

Order Your Copy Now Risk-Free by Clicking Here

Alternatively you can call 1300 782 911 or fax your order to (03) 9558 2219


Privacy and Confidentiality: Safeguarding your Business

Is your organisation breaching employee privacy?

(This could be a very costly mistake!)

By Charles Power
Partner, Holding Redlich

The Employment Law Practical Handbook will lift the lid on new privacy laws that protect employees. Never has this information been more important.

Are you illegally monitoring your employee's emails?

If your organisation does not have an e-mail and internet usage policy and has not publicised that policy to its employees, you may be breaching privacy legislation. This is especially the case if your organisation monitors or blocks e-mails or internet usage. While the Federal Privacy Act does not create privacy obligations for employee records, a policy may be required to bring private e-mails within that exemption.

For example, in NSW, legislation makes it an offence to block or monitor e-mails in the absence of an appropriate policy being communicated to staff. An employer committing this offence is liable to a fine of up to $5,500. The Employment Law Practical Handbook will assist you to develop and implement a legally-compliant e-mail and internet usage policy by providing a step-by-step guide and template documents.

Are your trade secrets secure?
(Ex-employees could take them to your competitors!)

When you entrust an employee with commercially valuable information or invest in the employee's customer connection or goodwill, you expose your business to the risk of a competitor gaining a market advantage if the employee defects to a new employer. There are legal safeguards that can protect your business. You'll find them outlined on The Employment Law Practical Handbook. What is truly confidential in your business? You may be surprised when you find out! The Employment Law Practical Handbook will include a template confidentiality policy and guide you in adapting this for your business.

Use these 'restraint clause' tips to stop
ex-employees harming your business. . .

There are times in your business when the risk of employees defecting to competitors is higher than usual. For example, when the ownership of your business changes hands or when you invest considerable effort developing customer connection with a key employee. If your key employees are not subject to a restraint clause this is the time to negotiate a variation to an employment contract to impose an appropriate restraint clause.

Most restraint clauses are not worth the paper they are written on. A court will only enforce such a clause if satisfied that it is reasonable, having regard to the things known by the employee, the goodwill attached to the employee and the scope of the restraint in terms of period, area of operation and type of activity restrained.

The Employment Law Practical Handbook will show you how to draft the following clauses to include in your employment contracts:

  • Effective restraint of trade clauses;
  • Provisions to secure the employer's ownership in intellectual property created by staff;
  • 'Gardening leave' clauses, which require employees to stay at home or not perform work during periods of notice of termination.


Order Your Copy Now Risk-Free by Clicking Here

Alternatively you can call 1300 782 911 or fax your order to (03) 9558 2219


Occupational Health and Safety Issues

Watch out for workplace bullying...

Unless you take proper measures, you could be prosecuted!

By Charles Power
Partner, Holding Redlich

Health and safety agencies now consider workplace bullying to be an Occupational Health & Safety (OHS) issue such that failure to deal with bullying can expose an employer to prosecution. Nearly all OHS statutes in Australia contain provisions that can make directors and officers personally liable if they permit contraventions by their organisation.

An employer faces exposure to liability for workplace bullying when it:

  • Controls the nature and extent of the work done by employees;
  • Responds to evidence or complaints of workplace bullying;
  • Responds to signs from an employee of impending harm to health caused by his or her work;
  • Manages performance and misconduct issues;
  • Manages an employee's incapacity to work because of a stress condition.
The Employment Law Practical Handbook will provide you with a checklist to assess whether an employee's workload is creating an OHS risk. It will also assist you to implement a legally effective process to identify and respond to workplace bullying

Workplace Stress: Identifying the signs and dealing with them

The Employment Law Practical Handbook will provide a practical guide to dealing with these issues in a manner compliant with health and safety laws. Claim your FREE report, "How to Stop Stress Claims Costing Your Company Money". See Page 7.

Sexual Harassment: Will your organisation be held responsible?

An employer will be held responsible for sexual harassment in the workplace unless it can establish that it took reasonable precautions to prevent the conduct.

The Employment Law Practical Handbook will provide a best practice checklist for an employer to defend vicarious liability, including a guide to adopting a comprehensive Equal Opportunity (EO) policy and process for resolution of complaints.

Dealing with Sexual Harassment in the Workplace

Many policies dealing with sexual harassment require complaints to be forwarded to management or HR. Yet this can escalate the issue unnecessarily and increase the risk of the employment relationship breaking down (which in turn increases the prospect of litigation). Best practice policies should have provision for trained contact officers to act as an informal 'half way house' in order to resolve the issue without significant disruption.

The Employment Law Practical Handbook contains a template sexual harassment policy, complaints procedure and guidelines for implementation.

Don't get named and shamed for failing to implement affirmative action measures for women!

If you have 100 or more employees the Equal Opportunity for Women in the Workplace Agency (EOWA) requires you to establish a workplace program to remove barriers preventing women entering and advancing in your organisation. In November 2006 the EOWA published the names of 13 non-compliant organisations.

When developing a workplace program, it is compulsory to consult with employees to identify the issues relating to employment matters that the employer needs to address to achieve equal opportunity for women in the employer's workplace. For example, parental leave entitlements, carer's leave and flexible working arrangements.

The Employment Law Practical Handbook will provide a best practice guide to designing a workplace program that will meet the requirements of the EOWA Act.

Order Your Copy Now Risk-Free by Clicking Here

Alternatively you can call 1300 782 911 or fax your order to (03) 9558 2219


Your experts

12 labour experts at your fingertips!

Charles Power BA, Ec (Hons) LLB (Monash)
Editor-in-Chief of Port Phillip Publishing's Employment Law Practical Handbook. Partner and head of the employment law department of Holding Redlich.

Charles' Expertise:
Charles has a strong practice representing employers in all aspects of employment and industrial law and is accredited by the Law Institute of Victoria as a Workplace Relations Specialist. He is a member of the Advisory Board to the Centre for Employment & Labour Relations Law, University of Melbourne and the Australian Human Resources Institute.

Charles is a former associate to a Senior Deputy President of the Australian Industrial Relations Commission and a former senior adviser to a federal government minister. He was the joint winner of Industrial Arbitration Prize in 1992.

Charles' fellow contributors include such experts as:

Jonathan Kirkwood BA, LLB (Hons) (Sydney)
Senior Associate in the law firm Holding Redlich practising in employment and industrial relations law. Prior to joining Holding Redlich, Jonathan was an Associate to Justice Michael Moore at the Federal Court of Australia and an Adviser to the Federal Shadow Attorney-General and Shadow Minister for Workplace Relations.

Tim Davey BA, LLB (Hons) (Latrobe)
Solicitor in the law firm Holding Redlich practising in employment and industrial relations law. Tim has a Bachelor of Laws (Honours) degree from Latrobe University and is the winner of the Supreme Court Prize awarded to the best student completing the final year of the law program.

Elizabeth Price BA, LLB, (ANU)
Solicitor in the law firm, Holding Redlich, practising in employment and industrial relations law. Elizabeth has a Bachelor of Laws degree from Australian National University and is the winner of the Prize for Labour Law for being the best graduating student in that subject in her year. Elizabeth is a member of the Law Institute of Victoria's Employment Law Committee.

Kelly Godfrey BSc LLB (ANU) LLM (Syd)
Senior Associate & Notary Public Australian
Business Lawyers
Accredited Trainer

Kelly advises on all aspects of employment law and industrial relations law at both the State and Federal level. Kelly is an accredited trainer and conducts training to clients on workplace relations matters.

Kelly is the Industrial Law and Relations Section editor of the Australian Business Law Review and Chair of the NSW Young Lawyers Employment and Industrial Law Committee. Kelly is also a member of: the NSW Law Society's Employment Law and Workplace Committees; the Society of Notaries of New South Wales Inc; Workplace Relations; the National Safety Council of Australia and the NSW Industrial Relations Society.

Garry Dircks M.Bus (I.R), Grad.Dip.Bus (I.R), RMIT
Just Relations - Consultants

Garry has been heavily involved in Industrial Relations since 1979. Prior to starting Just Relations Consultants in 1998, Garry worked as a union organiser for the National Union of Workers. Garry has also worked extensively in advocacy and representation in industrial tribunals and equal opportunity tribunals.

Frank Kennedy
Employee Relations Adviser

Industries include electrical contracting, building and construction, healthcare, aviation and transport. Employers include Corporations, Employer Associations, Governments and extensive work with international organisations.

Denise Hall BT&D, MIMC
aCE talentNET Executive Director - Business
Deirdre Gruiters Mmgt, AIMM
aCE talentNET Corporate Talent Agent

aCE talentNET is a corporate Talent Agent; an Organisational Development consultancy, with a major focus on the engagement of consultants and contractors for all stages of an Organisational Development project.

Dale Wiese CSM
Behaviours At Work - Principal Consultant


Specialises in Equal Opportunity/Discrimination, Workplace Behaviours, Workplace investigations and Employer Advocacy.

Samantha Easton-Cavanagh BA, Bus (Monash)
CAHRI, MIMC, AIMM
Balancing Business - Principal Consultant

Over 10 years experience in HR and is currently a certified practitioner at the Australian Human Resources Institute. Samantha has worked with small, medium and large companies in areas such as recruitment, training, performance management, strategic development, employee & industrial relations, terminations, policy development, systems reviews and occupational health & safety.

Lisa Ryan BA, MCom (Hons) (University of Auckland)
Ryan Gately - Director
Lisa Ryan is a qualified Human Resources professional with over eight years experience. A certified member of the Australian Human Resources Institute, Lisa has established a boutique human resources management consulting firm; Ryan Gately Human Capital Management, which specialises in providing strategic human resources advice to a range of clients across various industries.

Order Your Copy Now Risk-Free by Clicking Here

Alternatively you can call 1300 782 911 or fax your order to (03) 9558 2219


what you will receive

Review The Employment
Law Practical Handbook
FREE for the next 14 days

Here's what you'll receive when you arrange your 14 FREE trial. . .

  • Invaluable advice on how new legislation affects YOUR organisation
  • Legally sound tips, recommendations and information, checked by independent consultants
  • 500 pages of practical information with every section containing:
    • Hands-on labour advice in plain English with no legalese
    • Step-by-step instructions
    • Checklists to make sure you haven't forgotten anything
    • Templates and sample forms to complete all your documentation 100% correctly
    • Many easily understandable examples
  • Confidence that your Handbook is always up-to-date. We'll send you updates, priced at $1.29 per page, every 8 weeks covering changes in law, the latest judgments and new issues. Each update is approximately 115 pages
  • A fortnightly email newsletter, the Workplace Bulletin, which will keep you up to date on any labour changes and informed of any deadline dates and important labour information
  • Unlimited permission to copy all sample forms and contracts as long as you have purchased the Handbook
PLUS! 2 additional services for subscribers:

1. A labour helpdesk available to all paid-up subscribers, where we answer your quick labour questions by email
2. An information archive where you can access all our past articles online

Order within 14 days and claim your FREE gift!

Arrange your trial today and I'll rush you the just-published report, How to Stop Stress Claims Costing Your Company Money. It's an excellent new resource that helps you deal with issues of workplace stress, bullying, discrimination and correct performance management.

The Employment Law Practical Handbook is perfect for:

Employment Equity Managers, Employee Relations Managers, HR Directors, HR Managers, HR Officers, HR Practitioners, Industrial Relations Managers, Industrial Relations Consultants, Labour Consultants, Legal Advisors, Legal Practitioners, Owners of Companies, Personnel Managers, Skills Development Managers and Team Leaders.



Order Your Copy Now Risk-Free by Clicking Here

Alternatively you can call 1300 782 911 or fax your order to (03) 9558 2219




The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future. © Copyright 2007 Port Phillip Publishing Pty Ltd ACN 117 765 009 Published by Port Phillip Publishing Pty Ltd ACN 117 765 009, The Old Hat Factory, Unit 21/83-89 Brighton Road, Elwood, Victoria, Australia. For subscription queries call 1300 782 911 and for editorial queries please fax us on (03) 9558 2219 or email us at info@workplacehandbook.com.au. We may monitor and record calls to maintain and improve our service.