Adjustments to accommodate an injury or illness which is not work-related - The WorkCover system establishes a clear return to work process to deal with work-related injuries and illnesses. However, when a worker’s medical condition is not connected to the workplace, an employer’s obligations regarding modified duties are not quite so clear. Are you ready for enterprise bargaining? - Enterprise agreements can be a useful tool for simplifying and adapting the complex web created by the Fair Work Act 2009 and the multiple modern awards that may apply to a single organisation. Are you ready to take on that new employee? - Once you have identified a need for a new employee, you usually want the right candidate to start as soon as possible. Complaints and investigations – key questions to consider - In recent years we have seen a shift in what is considered to be acceptable workplace behaviour. Employees are now much less tolerant of bad behaviour, they are more willing to raise complaints about the conduct of their co-workers and managers, and they expect to see action in response. Contracts of employment – why are they important? - It is imperative that employers ensure that each employee is covered by a valid, up to date contract which sets out the terms and conditions of employment. The contract creates certainty for both the employer and the employee. In our experience, a well-drafted contract is beneficial for both the employer and the employee, while poorly-drafted contracts are more likely to result in costly and time-consuming disputes. Employees and independent contractors – a spotter’s guide - Are you considering engaging an independent contractor? Have you considered whether they should instead be engaged as an employee? Are you aware of the risks of getting it wrong? Managing redundancies - A redundancy occurs when an employee’s job is no longer required to be performed because of changes to the operational requirements of the employer’s business. Managing workplace bullying - Every organisation has a duty under workplace health and safety laws to identify and eliminate risks in the workplace. Workplace bullying is one of those risks, so each organisation needs to be satisfied that it is doing everything reasonably practicable to eliminate workplace bullying. Right of Entry to Hold Discussions - There are strict rules under the Fair Work Act 2009 (Cth) which apply to union officials seeking to enter a workplace. It is important that managers understand these rules and are prepared for union visits. As the rules vary depending on the official’s reason for seeking entry, we are releasing two separate checklists to deal with the rules which apply to right of entry to hold discussions, and (next month) right of entry to investigate a suspected contravention. Right of Entry to Inspect Contraventions - Following on from our last checklist, this checklist deals with a union official’s right to enter a workplace to investigate a suspected contravention of the Fair Work Act 2009 (Cth) or an award or enterprise agreement. Termination of employment for poor performance or misconduct - When an employee is not performing at the required standard, or has engaged in misconduct, you want to fix the problem as quickly and efficiently as possible. Often, dismissal looks like the best and simplest option for your business – get rid of a problem, hire a replacement, and all will be well. Workplace policies – what issues should you be considering? - Workplace policies are an important and useful way of setting out how you expect your employees to go about their duties, and how they should behave generally. At Russell Kennedy we come across employers who implement policies on every workplace matter and some who have no policies at all.