It's worth taking the time to do your homework when it comes to
industrial relations. As an employer you need to understand your obligations
under the Fair Work Act of 2009.
Best practice employers know and understand their rights and obligations under
workplace law and know who to contact for assistance.
The Fair Work Act 2009 instructs businesses to comply with a safety
net of minimum employment conditions, from the basics like providing pay slips
and the maximum working hours right through to minimum wages and the rules
around dismissing an employee.
The wages and conditions you provide to employees must at a minimum comply
with:
- The National Employment Standards, and
- The minimum wage or wages in a modern award.
What are the National Employment Standards?
Employers must provide 10 minimum entitlements to full-time and part-time
employees, called the National Employment Standards (NES). Some of these
entitlements do not apply to casual employees. The entitlements include the
maximum hours an employee can work, employee’s rights to request flexible
arrangements, leave requirements, rights regarding public holidays and the
conditions around redundancy. You can call the Fair Work Infoline on 13 1394 to
find out more or visit Fair Work Online.
What is unfair dismissal?
Regardless of the size of your business, your employees are protected
against unlawful dismissal. Examples of unlawful dismissal include dismissing
someone because of their race, sex, colour, sexual preference, age, physical or
mental disability, marital status, family or carer's responsibilities,
pregnancy, religion, political opinion, national extraction or social origin.
It is also unlawful to terminate an employee’s employment if they are
temporarily absent from work because of illness or injury, because of union
involvement or non-involvement or because of absence from work during parental
leave.
There are additional guidelines for businesses with fewer than 15 employees
within the Small Business Fair Dismissal Code of 2009. It sets out the
guidelines of what is a fair dismissal, or an unfair dismissal, of an employee.
Should you dismiss an employee, and they believe it is an unfair dismissal the
ex-employee can make a claim for unfair dismissal to Fair Work Australia. It is
important for you to ensure you have managed your employees by the book if you
are to ensure you are protected from such a claim.
You should always check with Fair Work Australia for any changes to the small business
guidelines.
Fair dismissal
It is fair for an employer to dismiss an employee without notice or warning
if you believe on reasonable grounds for serious misconduct including theft,
fraud, violence and serious breaches of occupational health and safety
procedures. For a dismissal to be deemed fair it is sufficient, though not
essential, that an allegation of theft, fraud or violence be reported to the
police. Of course, the employer must have reasonable grounds for making the
report.
Other dismissal
In other cases, the small business employer must give the employee a reason
why he or she is at risk of being dismissed. The reason must be a valid reason
based on the employee's conduct or capacity to do the job. The employee must be
warned, preferably in writing, that he or she risks being dismissed if there is
no improvement. The small business employer must provide the employee with an
opportunity to respond to the warning and give the employee a reasonable chance
to rectify the problem, having regard to the employee's response. Rectifying
the problem might involve the employer providing additional training and
ensuring the employee knows the employer's job expectations.
Where to find out more
