HRBS Blog RSS Feedhttp://www.hrbs.com.au/The feed for HRBS' Blog.2014-07-10T14:58:49en-ushttp://blogs.law.harvard.edu/tech/rssUmbraco 4.0Angelahttp://www.hrbs.com.au/news-publications/blog/2014/april/to-walk-or-not-to-walk-a-redundant-employee.aspx <p><img src="/media/32386/redundancy 6.jpg" width="284" height="178" alt="redundancy 6"/></p> <p>This is a very hard decision for some employers and HR managers to have to make when dealing with employees affected by redundancy.</p> <p>When an employee's position is made redundant, it is the <strong>position</strong> that is made redundant not the <strong>person.</strong> Redundancy is one of the most difficult exits for both the employer and employee. I assist clients with these d... 2015-02-12T00:00:002244adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/september/this-is-not-what-i-signed-up-for.aspx <p><strong><img src="/media/40145/snoopy.jpg" width="350" height="351" alt="Snoopy"/></strong></p> <p><strong>&nbsp;</strong></p> <p><strong>We are the best employer in the world!</strong></p> <p>&nbsp;</p> <p>Overselling the job and under-delivering is one of the leading causes for employee resignations or checking out within the probationary period. There are a lot of promises made and expectations set throughout the recruitment process on both sides. But it does not take lon... 2014-09-23T00:00:002424adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/september/when-is-bullying-reasonable-management-action-under-the-fair-work-act-2009.aspx <p><strong><img src="/media/40164/bullying2.png" width="370" height="235" alt="Bullying2"/>&nbsp;</strong></p> <p><strong>&nbsp;</strong></p> <p>More employers need to include examples of the type of behaviour that does NOT constitute bullying in their policies to better educate their workforce.&nbsp; This recent case demonstrates this:</p> <p><strong>What is "bullying" and "reasonable management action" under the Fair Work Act 2009?</strong></p> <p>"Bullying" is:</p> <ul> ... 2014-09-23T00:00:002426adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/september/can-you-deduct-money-from-an-employee’s-wages-to-recoup-from-stealing.aspx <p><img src="/media/40183/stealing_500x333.jpg" width="500" height="333" alt="Stealing"/></p> <p><strong>The Fair Work Act and Deductions</strong></p> <p>Section 324 of the Fair Work Act 2009 only permits certain types of deductions. Those are when:</p> <ol> <li>The deduction is authorised in writing and principally for the employee's benefit;</li> <li>The deduction is authorised in accordance with an enterprise agreement, modern award or Fair Work Commission order; or</li> ... 2014-09-23T00:00:002428New (and higher!) compensation payouts for se*ual harassment claimsadminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/september/new-(and-higher!)-compensation-payouts-sexual-harassment-claims.aspx <p><strong><img src="/media/40279/sexual harassment_497x330.jpg" width="497" height="330" alt="Sexual harassment"/></strong></p> <p><strong>&nbsp;</strong></p> <p>Recent cases have demonstrated that courts are more likely to be awarding much higher compensation payouts for sexual harassment claims than have been seen previously.</p> <p><strong>Oracle Case</strong></p> <p>&nbsp;</p> <p>In Richardson v Oracle Corporation Australia Pty Ltd [2013] FCA 102, Oracle was ordered t... 2014-09-23T00:00:002431adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/august/breaking-up-with-nice-employees-is-hard-to-do.aspx <p><img src="/media/39858/lovely lady.jpg" width="268" height="188" alt="lovely lady"/></p> <p><strong>I really like you but I don't like your work</strong></p> <p><strong>&nbsp;</strong></p> <p>Most managers struggle to have the 'break up' conversation with those employees who are so nice and obliging but are incompetent at their job. These are the people we tend to give too many opportunities to improve and tolerate the poor performance for too long. They may be older, younger,... 2014-08-22T00:00:002418adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/august/when-is-coaching-a-waste-of-time-and-money.aspx <p><img src="/media/39905/unmotivated.jpg" width="299" height="168" alt="unmotivated"/></p> <p><strong>My Manager told me I had to do coaching</strong></p> <p>&nbsp;</p> <p>I am not a fan of this approach. When I sit down to coach an employee and they start off by telling me that they were 'forced' to attend coaching. They are basically telling me that you are wasting your money.</p> <p>&nbsp;</p> <p>Coaching is not a magic bullet that will make everything better. It require... 2014-08-22T00:00:002420People don’t leave organisations, they leave peopleadminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/august/why-do-employees-break-up-with-their-employer.aspx <p><img src="/media/38932/farewell.jpg" width="259" height="194" alt="Farewell"/>&nbsp;</p> <p><strong>'People don't leave organisations, they leave people'</strong></p> <p>&nbsp;</p> <p>It amazes me that people all around the world leave their jobs for pretty much the same reasons. I was in Singapore last year attending a global HR conference, and was pretty surprised when one of the presenters shared some research with us which confirmed my thoughts. People all around the globe... 2014-08-22T00:00:002388adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/august/are-casual-employees-just-expensive-permanents.aspx <p>&nbsp;<img src="/media/39698/casual employee_496x280.jpg" width="496" height="280" alt="Casual employee"/></p> <p><strong>Do you hire casual employees because of the flexibility it gives you to roster them when needed or are you really just paying for expensive permanent employees?</strong></p> <p><strong>What is casual employment?</strong></p> <p>Casual employees are those who are engaged on a separate engagement every time they work for you.</p> <p>Casual employees aren'... 2014-08-22T00:00:002413How to manage your manageradminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/august/how-do-i-manage-my-manager.aspx <p><img src="/media/38754/boss2.jpg" width="300" height="228" alt="manage boss"/></p> <p>In a nutshell, learning to 'manage up' or 'manage your manage' is a non negotiable skill if you want to advance your career. Managing up is all about making a conscious effort to work with your boss in a positive way to aid in your career development and overall job satisfaction.</p> <p>Managing up does not mean kissing up to your manager, avoiding them, or going above your bosses head to get ah... 2014-08-08T00:00:002385adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/august/fishing-off-the-company-wharf.aspx <p>&nbsp;<img src="/media/38998/fishing.png" width="275" height="183" alt="Fishing"/></p> <p>When I started out in my HR career many moons ago, I remember my boss saying to me before heading off to my first company conference which was famous for late night parties and frivolities - 'Don't fish off the company wharf' meaning, don't have 'relations' with co-workers. This is some of the best advice I have been given, not that I was looking to fish off the company wharf, but.</p> <p>&n... 2014-08-08T00:00:002392adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/august/i-am-not-asking-you-to,-i-am-paying-you-to.aspx <p><img src="/media/38965/insubordination.jpg" width="288" height="144" alt="insubordination"/></p> <p>So often when I am conducting performance counselling training, managers tell me that some employees <strong>will</strong> <strong>not</strong> take direction. This is called 'insubordination', the failure of an employee to follow a reasonable management direction (as long as the direction is legal and within scope of job then it is reasonable).</p> <p>&nbsp;</p> <p>When you gro... 2014-08-08T00:00:002390What if an employee refuses to attend a medical examination?adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/august/managing-ill-or-injured-employees-part-2.aspx <p><img src="/media/38735/medical exam.jpg" width="275" height="183" alt="medical exam"/></p> <p>As a follow <span>on from our</span> last newsletter about managing an ill or injured employee, in this blog post I will be addressing what you are allowed to ask an employee who is ill or injured, when you can ask them to attend a medical examination and what happens if they refuse to attend the medical examination.</p> <p><strong>What you are allowed to ask an employee who is ill or in... 2014-08-08T00:00:002383adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/july/just-because-it-feels-like-bullying,-doesn't-mean-that-it-is.aspx <p>&nbsp;<img src="/media/37689/nobullyin.jpg" width="276" height="183" alt="No bullying"/></p> <p><strong>Just because it feels like bullying, doesn't mean that it is...</strong></p> <p>We are investigating an increasing number of complaints made by employees in relation to bullying, that turns out to not be a case of bullying at all, but reasonable management action.</p> <p><strong>Change is often the catalyst for bullying claims</strong></p> <p>We find many cases come about ... 2014-07-25T00:00:002354adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/july/does-your-recruitment-process-look-like-this.aspx <p><img src="/media/37670/recruitment process.jpg" width="188" height="194" alt="Recruitment process"/>&nbsp;</p> <p>I am a passionate believer that if employers invested more time into the recruitment process, then less time would be required in the performance management process. But is all starts with a good recruitment process.</p> <p>Over 20 years of hiring (and yes plenty of firing) I have come up with my own ideal recruitment process that works for me. Check it out and compar... 2014-07-25T00:00:002352What happens if an employee refuses to provide medical certificate?adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/july/managing-ill-or-injured-employees.aspx <p>&nbsp;<img src="/media/38111/ill employee.jpg" width="269" height="187" alt="ill"/></p> <p>In the first part answer to Tina's question I will be addressing when you can request medical evidence, what happens if an employee refuses to give you the medical evidence, and what you can do if you don't think the medical certificate is authentic.&nbsp;&nbsp;</p> <p><em>When can you request medical evidence from an employee who is off work due to illness or injury?</em></p> <p>Under t... 2014-07-25T00:00:002369Social Media is risky 'HR' businessadminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/july/simple-steps-to-prevent-social-media-from-being-detrimental-towards-your-business.aspx <p><img src="/media/38066/fail.png" width="275" height="183" alt="Fail social media"/></p> <p>This article will provide you with tips to ensure:</p> <p>(a)&nbsp;&nbsp;&nbsp; that you are Fair Work compliant if you do need to dismiss an employee due to social media misuse; and</p> <p>(b)&nbsp;&nbsp; your business is protected from defamatory comments and damaged relationships with employees, clients and the world at large.</p> <p><strong><em>How can social media damage your busi... 2014-07-25T00:00:002367adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/july/how-many-warnings-do-i-have-to-give-during-the-probation-period.aspx <p><img src="/media/37708/probation.jpg" width="240" height="144" alt="Probation"/></p> <p>The Fair Work Act is silent on this one. The Act does not specify&nbsp;a set number of warnings or discussions that need to take place with the employee who is within the probation period prior to letting them go.</p> <p><strong>You can let an employee go at anytime within the probation period</strong></p> <p>So technically, you could tell an employee anytime within the probation, that it i... 2014-07-11T00:00:002356adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/july/staff-turnover-is-it-really-a-bad-thing.aspx <p>&nbsp;<img src="/media/37651/staff turnover_140x94.jpg" width="140" height="94" alt="staff turnover"/></p> <p><strong>Should you be worried about 20% staff turnover?</strong></p> <p>Most businesses measure their staff turnover annually. Some employers are concerned if they have 20% staff turnover. But I always say to clients, lets break it down, what percentage of that turnover is a bad thing? Employee turnover should be looked at in two ways. The first is that percentage of t... 2014-07-11T00:00:002350How long do you keep recruitment records for?adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/july/recruitment-records-do-we-need-to-keep-everything.aspx <p><a href="/media/37259/records.png" target="_blank"><img src="/media/37790/records.png" width="273" height="184" alt="Recruitment recs"/></a></p> <p>There is certainly&nbsp;an obligation to keep "employee records" for a period of 7 years under the Fair Work Act 2009.&nbsp;However, the definition of 'employee record' under the Privacy Act 1988&nbsp;(as referred to by the Fair Work Act 2009), is for personal information held by an employer in relation to an employee's employment.&nbsp;... 2014-07-11T00:00:002345adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/july/what-are-the-risks-of-an-employee-working-from-home.aspx <p><a href="/media/37245/wk%20from%20home.jpg" target="_blank"><img src="/media/37809/wk from home.jpg" width="268" height="188" alt="work home"/></a></p> <p>Last year Telstra was ordered to pay the legal and medical costs of an employee who injured herself after slipping down the stairs twice in two months while working from home.</p> <p>Allowing your employees to work from home on a regular basis can have great benefits for both you and your employees. The employee can avoid long c... 2014-07-11T00:00:002344adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/june/3-reasons-why-employees-don’t-perform.aspx <p><a href="/media/37105/employee%20perform.jpg" target="_blank"><img src="/media/37105/employee%20perform_thumb.jpg" style="border: 0px;"/></a></p> <p>Here are the 3 main reasons why employees don't perform....</p> <ol> <li><strong>Capability</strong> - the employee 'can't' perform the job. They lack the skills, experience and training to do the job.</li> <li><strong>Willingness</strong>- the employee does not <strong>want</strong> to do the job. They lack the desire or motivat... 2014-06-26T00:00:002342How many interviews is too many?adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/june/when-recruiting,-is-one-interview-really-enough.aspx <p><a href="/media/36975/how%20many%20interviews.png" target="_blank"><img src="/media/36975/how%20many%20interviews_thumb.jpg" style="border: 0px;"/></a><a href="/media/36881/interview3.jpg" target="_blank"></a></p> <p>Not really. When you think that a typical interview usually only goes for about one hour to make a $40k plus decision and enter into a legally binding contract at the same time. Most of us would spend a lot longer researching and shopping for a new car.</p> <p>Multip... 2338adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/june/hrbs-faqs.aspx <p><strong><a href="/media/36673/faq3.jpg" target="_blank"><img src="/media/36673/faq3_thumb.jpg" style="border: 0px;"/></a></strong></p> <p><strong>My employee has given me a medical certificate stating they suffered from a "medical condition"and they are refusing to tell me what was wrong. Can I discipline them for this?</strong></p> <div style="font: 12px/19px Arial, sans-serif; margin: 0px; font-size-adjust: none; font-stretch: normal;"> <br /> In short, no. Your employee's med... 2337adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/june/can-your-employees-record-your-conversations.aspx <p>&nbsp;<a href="/media/36599/record%20conversation.jpg" target="_blank"><img src="/media/36599/record%20conversation_thumb.jpg" style="border: 0px;"/></a></p> <p>Unfortunately, yes. It is not illegal to record a face-to-face conversation that you are involved in, within Queensland anyway.</p> <p>I was assisting a client in an investigation once, and mid -way through the conversation the employees phone started beeping in their pocket, and right in front of me, they said 'opps it s... 2334adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/june/workplace-health-safety-amendments.aspx <p>&nbsp;<a href="/media/36580/hard%20hat.jpg" target="_blank"><img src="/media/36580/hard%20hat_thumb.jpg" width="82" height="101" style="border: 0px;"/></a></p> <p>The Work Health and Safety and Other Legislation Amendment Act 2014 has made some significant departures from the federal Safe Work Australia legislation. The changes that you should be aware of include:</p> <ul> <li>Health and safety representatives no longer have the power to direct workers to cease unsafe work. Worke... 2332Angelahttp://www.hrbs.com.au/news-publications/blog/2014/june/the-top-5-ways-to-stifle-creativity-in-your-business.aspx <p><img src="/media/34723/no-creativity.jpg" width="225" height="225" alt="no-creativity"/></p> <p>As a leader, have you ever thought "gee, it would be great if sometimes my team could come up with some good ideas on how to improve this process/product/service"?&nbsp; If you've experienced this frustration, time to do a bit of inner reflection, are you doing what you can to foster an enironment that encourages innovation? Or,&nbsp;are you guily of any&nbsp;our top 5 stifling behaviour... 2292How do you tell an internal applicant... you're unsuccessful?adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/june/how-do-you-tell-an-applicant-you're-unsuccessful.aspx <p><strong><a href="/media/35704/disgruntled.png" target="_blank"><img src="/media/35704/disgruntled_thumb.jpg" style="border: 0px;"/></a></strong></p> <p><strong>The problem with internal applicants is..</strong></p> <p>To be considered a good employer you need to offer internal career opportunities to your people. All very well and good if those employees with good prospects of success apply. But how do you manage the potential fall out when employees apply for an internal role th... 2315adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/june/big-minimum-wage-increase-for-2014!.aspx <p><a href="/media/35642/money2.jpg" target="_blank"><img src="/media/35642/money2_thumb.jpg" style="border: 0px;"/></a></p> <p>We were very surprised to hear this week that the Fair Work Commission has approved a minimum wage increase of 3%. Particularly when taking into consideration that employers pleaded for an increase of no more than $10 per week - or, they argued, it would employees their jobs.</p> <p><strong>What does this equate to in $$?</strong></p> <p>On the minimum wa... 2314adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/june/demotions-the-do´s-and-don´ts-and-can´ts.aspx <p><a href="/media/35628/demotion.jpg" target="_blank"><img src="/media/35628/demotion_thumb.jpg" width="105" height="68" style="border: 0px;"/></a></p> <p>Most employers don't consider demotions as a possible disciplinary penalty - but why not? The public sector does it all the time!</p> <p>Demotion is also something that often occurs through the redundancy process - better to have a lower paid or status job than no job right?</p> <p><strong>Does the Fair Work Act allow for demot... 2313What does the Fair Work Act say about dismissing an employee with depression?adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/june/what-does-the-fair-work-act-say-about-this.aspx <p><strong><em><a href="/media/35597/anxiety.jpg" target="_blank"><img src="/media/35597/anxiety_thumb.jpg" style="border: 0px;"/></a></em></strong></p> <p><strong><em>Recent Warning about Dismissing an Employee with Anxiety and Depression</em></strong></p> <p>In a recent Federal Circuit court decision, the Office of Public Prosecutions in Victoria has been ordered to pay a fine of $10,000 and to reinstate an employee, a solicitor, for unlawful adverse action under the Fair Work Act... 2310adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/june/automatic-right-to-cash-out-annual-leave-and-sick-leave.aspx <p><a href="/media/35569/annual%20leave.jpg" target="_blank"><img src="/media/35569/annual%20leave_thumb.jpg" width="110" height="66" style="border: 0px;"/></a></p> <p>I have come across many businesses that cash out annual and sick leave to their employees when an employee asks for it - <em>but is it legal under the Fair Work Act?</em></p> <p><strong>Can an employer Cash out Annual Leave at the employee's request?</strong></p> <p>The Fair Work Act says that annual leave <strong>ca... 2308Angelahttp://www.hrbs.com.au/news-publications/blog/2014/may/how-do-you-manage-someone-you-don't-like.aspx <p><strong><img src="/media/33572/sad0162.jpg" width="354" height="333" alt="sad0162"/></strong></p> <p><strong>&nbsp;</strong></p> <p><strong>FACT:</strong> At least once in your management career you are going to come across an employee who brings you as much joy as a sandpaper slippery dip. You just&nbsp;straight out don't&nbsp;like them.&nbsp; No two ways about it, you couldn't see yourself being friends if you were the last two people on the planet.&nbsp; Trust me, it will happ... 2264adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/may/the-loss-of-a-great-boss.aspx <p><img src="/media/33833/boss.jpg" alt="Boss"/>&nbsp;</p> <p>&nbsp;In most of our careers we have come across a boss where the way that you and they work together just, well, works!&nbsp;</p> <p>In this day and age, after a period of time, it may be time for one of you to move on.&nbsp; This could be due to career progression, a great new role or it's just time.</p> <p>An employee can feel a great loss when their boss, who they have grown to trust and respect moves on.</p> <p... 2271Angelahttp://www.hrbs.com.au/news-publications/blog/2014/may/cctv-employee-has-been-caught-red-handed!!-what-now.aspx <p><img src="/media/34235/cctv3 (2).jpg" width="229" height="220" alt="cctv3 (2)"/></p> <p>When I worked in hospitality, CCTV was used to try and 'catch out' employees stealing from the till, which could be an instant 'sackable' offence. There was even one occasion when the camera in the staff room was turned on by the restaurant manager (when it is normally turned off), only to catch an employee and the assistant manager in an intimate act of passion during working hours.</p> <p><s... 2279Angelahttp://www.hrbs.com.au/news-publications/blog/2014/may/not-everyone-wants-to-be-a-leader.aspx <p>&nbsp;<img src="/media/34394/reluctant-nudge_156x156.jpg" width="156" height="156" alt="reluctant-nudge"/></p> <p>Over the years, I have learnt that your high performing employees are not always your high potential employees. We have all heard the saying, your best salesperson does not make your best manager. Well there is a lot of truth in that. Organisations draw up a list of their high performers, put them into a talent management program, then throw buckets of money into lead... 2284Angelahttp://www.hrbs.com.au/news-publications/blog/2014/may/extending-probationary-periods-myth-busted!.aspx <p><strong><img src="/media/34326/i-passed-probation.jpg" width="227" height="269" alt="i-passed-probation"/></strong></p> <p><strong>What is a probationary period?</strong></p> <p>New employees are normally employed subject to a contractual probationary period to allow for the employee and employer to assess the suitability of the person to the position and the business.</p> <p>Traditionally probationary periods have allowed an employer to dismiss an employee during the specified... 2281You smell really bad - and all the other uncomfortable HR conversationsAngelahttp://www.hrbs.com.au/news-publications/blog/2014/may/soyou-smell-really-bad-and-all-the-other-uncomfortable-hr-conversations.aspx <p><em><strong><img src="/media/33878/imagesgr2gchvm.jpg" width="259" height="194" alt="imagesGR2GCHVM"/></strong></em></p> <p><em><strong>This is a real life scenario that happened when I was 16 and working in a fast food chain.</strong> (names have been changed to protect the smelly innocent):</em></p> <p><em>I worked with a girl (let's call her "Abby") with really offensive body odour.&nbsp; Like a bag of prawns in the sun bad.&nbsp;&nbsp;&nbsp;But, we were teenagers and we weren'... 2270Angelahttp://www.hrbs.com.au/news-publications/blog/2014/may/the-dos-and-don'ts-of-redundancy.aspx <p><img src="/media/32320/redundancy 5.png" width="284" height="178" alt="redundancy 5"/></p> <p>The rules relating to redundancy come from the Fair Work Act, EBAs, Modern Awards, your own policies and employment contracts. So depending on the set up of your employment arrangements, you may need to go looking to find out what your obligations are as an employer before you start making people's positions redundant. Better still call us and we will give you the best advice quickly.</p> ... 2239Poor reviews can be a sign of poor managementAngelahttp://www.hrbs.com.au/news-publications/blog/2014/may/poor-reviews-can-be-a-sign-of-poor-management-(1).aspx <p><img src="/media/32339/performance review 21.png" width="300" height="168" alt="performance rev"/></p> <p>It is often the process that we find both the manager and the employees dread. It usually starts of with a poorly designed appraisal form that was a "cut and paste" from another company or downloaded off the internet and does not fit the culture of your company or give you any valuable information.</p> <p>So my first piece of advice is get an expert to custom design a perform... 2243adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/may/bullying-liability-for-employers-is-not-limited-to-the-commission.aspx <p style="padding-left: 60px;">&nbsp;<img src="https://encrypted-tbn3.gstatic.com/images?q=tbn:ANd9GcQ_dpfMpP-CAHOiKFZ1SEBGslViTv-uBNUsgcYr3rkXjsNUtqKX" class="rg_i" style="height: 183px; width: 275px; margin-left: 0px; margin-top: -2px; margin-right: 0px;"/></p> <p>&nbsp;</p> <p>While the Fair Work Commission's stop orders for workplace bullying do not allow employees to access compensation, a recent case before the Supreme Court awarded a former employee damages of $235,000, to be p... 2295adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/may/what-is-the-impact-of-the-budget-on-employers.aspx <p>&nbsp;<img src="/media/35297/budget.jpg" width="299" height="168" alt="Budget"/></p> <p>&nbsp;It is hard to turn the TV on without being bombarded by news surrounding the budget - but how is it actually going to affect you as an employer?</p> <p>The main changes are:</p> <p><strong><em>Superannuation guarantee increases</em></strong></p> <p>The gradual superannuation guarantee increase to 12% has been delayed by one year. The guarantee will increase from 9.25% (which it curr... 2296Are you a SISI??adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/may/see-it-and-say-it!.aspx <p>&nbsp;<img src="/media/35373/sisi2.jpg" width="250" height="167" alt="SISI"/></p> <p>SISI - &nbsp;'See It and Say It' is one of the most powerful lessons I have learnt throughout my management career when it comes to managing staff performance. I learnt this technique from a Regional Sales Manager who worked at a company where I worked HR. The company&nbsp;employed about 2000 staff in nearly 150 locations throughout Australia, so as you can imagine, I dealt with lots of HR issues.<... 2300Angelahttp://www.hrbs.com.au/news-publications/blog/2014/april/stealing-diamonds-from-the-shop-window.aspx <p><img src="/media/32189/diagmond.jpg"/></p> <p>&nbsp;</p> <p>Stealing of Intellectual Property is often gotten away with by employees as it is harder to detect unless an employer has active IT monitoring systems in place.</p> <p>Unfortunately, many small businesses do not sufficiently protect their IP and are at risk of it walking out the door when an employee resigns. However, more business savvy employers are realising that their IP are the 'gems' of the organisation and are ... 2233Are you underpaying your employees?Angelahttp://www.hrbs.com.au/news-publications/blog/2014/april/paying-above-minimum-award-requirements-is-not-always-enough.aspx <p><img src="/media/32287/underpaid.png" width="208" height="152" alt="underpaid"/></p> <p>Many of our clients are surprised to discover they are unknowingly&nbsp; underpaying their employees. More than a quarter of businesses audited during an investigation by the Fair Work Ombudsman were found to have breached their wage and award requirement mainly with respect the incorrect payment of the following Award provisions:</p> <ul> <li>Penalty rates&nbsp;</li> <li>Paying annual 'fl... 2236Angelahttp://www.hrbs.com.au/news-publications/blog/2014/april/meet-the-untouchables.aspx <p><img src="/media/32488/untouchables.png" width="300" height="168" alt="untouchables"/></p> <p>Just like Al Capone in the movie <em>The Untouchables</em>, there are certain types of employees that you simply do not want to mess with.</p> <p>These employees are those that managers are terrified to performance counsel, even if it is absolutely necessary for the business. Who am I talking about? The three main groups of 'untouchables' are:</p> <ul> <li>Employees with a psychologi... 2248Angelahttp://www.hrbs.com.au/news-publications/blog/2014/april/hrbs-membership.aspx <p style="text-align: justify;" dir="ltr"><img src="/media/32540/hrbs membership website size-1.jpg" width="295" height="402" alt="HRBS Membership website size-1"/></p> <p style="text-align: justify;" dir="ltr">If you employ people, then chances are you will need our help to manage employee performance along the way. Our HRBS membership offers a cost effective way for employers to have HRBS as their 'bolt on' HR Department. It is a discounted package of consulting hours, paid for month... 22506 signs that an employee is going to resignAngelahttp://www.hrbs.com.au/news-publications/blog/2014/march/5-signs-that-an-employee-is-going-to-resign.aspx <p>Have you ever reflected after someone has resigned to see if there were any red flags you missed over the past few months leading up to their resignation?</p> <p>Employees do not usually wake up one morning and spontaneously decide to pull the pin. They have usually been through a long decision making process, starting with the 'straw that broke the camel's back' (my favourite exit interview question).</p> <p>From my experience employees 'check out' or disengage over a number of... 2226Angelahttp://www.hrbs.com.au/news-publications/blog/2014/march/do-you-have-a-toxic-employee-under-your-roof.aspx <p>It is devastating for a team, particularly a small team to discover that one of their peers or superiors has been committing, wrongful, illegal or fraudulent acts against the company whilst working under the same roof. People sense when 'stuff is going down' while an employer is investigating wrongdoing, particularly where the employee in question has been stood down for the duration of the investigation. So how does a Manager deal with the impact of this toxic person on the team? Wh... 2227adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/march/hrbs-proudly-sponsors-angie-the-world's-greatest-shave.aspx <p style="text-align: justify;"><img src="/media/30740/angie 2.jpg" width="150" height="200" alt="Angie 2"/>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <img src="/media/30745/angie 3.jpg" width="150" height="200" alt="Angie 3"/></p> <p style="text-align: justify;">&nbsp;</p> <p style="text-align: justify;">HRBS proudly sponsored Angie Gibson of LGAQ to be brave and shave in the Leukaemia Foundation's World's Greatest Shave.</p> <p style="text-align: justify;">All the mon... 2201adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/march/tina-radford-presents-at-the-app-conference.aspx <p>Tina was recently asked by the Pharmacy Guild of Australia, to present at the <a href="http://www.appconference.com/" target="_blank">APP 2014 Conference</a> on <a href="http://hrbs.com.au/our-services/leadership-training.aspx" target="_blank">SISI - See it and Say it.</a></p> <p>The presenation was in front of over 80 pharmacy employees and was very well received.&nbsp; If you wish to view the photos or find out more, please visit our <a href="https://www.facebook.com/media/set/?... 2208Are your employment contracts a help or a hinderence to your business?Angelahttp://www.hrbs.com.au/news-publications/blog/2014/february/do-your-employment-contracts-give-you-the-flexibility-you-need.aspx <p><img src="/media/30153/flexibility.jpg" width="276" height="183" alt="flexibility"/></p> <p>Employers should draft employment contracts with enough flexibility to allow for changes within their business, without needing an employee to sign-off every time things change. Employment contracts are the foundation of the employment relationship, but it is important not to draft an inflexible contract that may not suit your business requirements down the track. When it comes to any additi... 2179Angelahttp://www.hrbs.com.au/news-publications/blog/2014/february/how-to-deal-with-excessive-sickies.aspx <p><img src="/media/29293/sickies.bmp" width="225" height="225" alt="sickies"/></p> <p>We often get asked how our clients can approach&nbsp;employees with continous "monday-itis" or those who always seem to have an illness directly before or after a public holiday/long weekend!&nbsp; It's a fine balance between looking after your business, and not overstepping the mark when managing a genuinely ill employee.</p> <p>Employers have the right to challenge employees who they believe ar... 2146How do you build great teams?Angelahttp://www.hrbs.com.au/news-publications/blog/2014/february/team-building-is-it-a-waste-of-time.aspx <p><img src="/media/29246/tms.bmp" width="225" height="225" alt="tms"/></p> <p>&nbsp;</p> <p>Team work is like marriage.&nbsp; It can be hard work but worth it.&nbsp; People all have different ways of working and&nbsp; different personalities.&nbsp; We LOVE the Team Management Systems (TMS) profile for our team building.&nbsp; Even in a smaller workplace we have our share of differing workstyles - from our out there extroverts to our thought-driven introverts we've got the full&nbs... 2144We have moved!adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/february/we-have-moved.aspx <p>HRBS have&nbsp;moved to bigger and better premises!&nbsp;</p> <p>We&nbsp;are now based at Level 3, 471 Adelaide Street, Brisbane (corner of Macrossan Street, just down the road from the Marriott).&nbsp;&nbsp;&nbsp;We now have a boardroom and facilities to run training, coaching, events&nbsp;and workshops inhouse.&nbsp;&nbsp; We are excited about our new digs, and the team are loving the river glimpses!&nbsp;</p> <p>Our 2014 events calendar is starting to take shape and we have s... 2173Pharmacy Guild of Australia ConferenceadminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/february/tina-will-be-presenting-at-the-annual-pharmacy-guild-conference.aspx <p><span>In March 2014, Tina Radford will be presenting at The Pharmacy Guild of Australia's Annual National Conference <a href="http://www.appconference.com" target="_blank">(</a></span><a href="http://www.appconference.com" target="_blank">http://www.appconference.com</a><span>) &nbsp;on the Gold Coast to 100 retail and pharmacy managers and staff.&nbsp; Tina will be discussing a variety of concepts including</span> &nbsp;her infamous 'See It and Say It' <span>performance management<... 2181adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/february/telstra-business-women's-awards.aspx <p><span class="share">The Awards celebrate the extraordinary achievements of inspirational women in business. The opportunities for finalists and winners can be life-changing, through mentoring, speaking roles and networking with an elite alumni community.&nbsp;</span></p> <p><span class="share">For more information on these awards please visit <a href="http://www.telstrabusinesswomensawards.com/">http://www.telstrabusinesswomensawards.com/</a></span></p> 2182adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/august/workplace-investigations-toolkit.aspx <p><img src="/media/39101/workplace investigations toolkit aug 14_129x183.jpg" width="129" height="183" alt="Investigation Toolkit"/></p> <p>&nbsp;</p> <p>HRBS has developed a step by step guide, including report templates to ensure that you are able to successfully run a workplace investigation to minimise the risks associated with workplace bullying.</p> <p>The toolkit will equip you with the knowledge and tools necessary so that you are confident to conduct a workplace inve... 2396Dismissing employees is risky business, and not in a good Tom Cruise kind of wayadminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/august/dismissing-employees-is-risky-business-–-and-not-in-a-good-tom-cruise-kind-of-way.aspx <p><strong><img src="/media/39665/dismissal.png" width="276" height="183" alt="Dismissal"/></strong></p> <p><strong>So, you have decided to dismiss someone and you think you have all of your ducks in a row and are Fair Work compliant… but are you really?</strong></p> <p>The first thing you need to do is make sure that you have the right processes and checklists in place prior to the termination. It is imperative that you ask yourself:</p> <p style="padding-left: 30px;"><em>"Are th... 2411adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/september/diy-workplace-investigations-toolkit.aspx <p><img src="/media/39769/investigation2.png" width="267" height="168" alt="WP Toolkit"/></p> <p>&nbsp;</p> <p>The Workplace Investigation Toolkit is now complete and can be emailed to you for only $495.</p> <p>HRBS have developed a step by step guide, including report templates to ensure that you are able to successfully run a workplace investigation to minimise the risks associated with workplace bullying.</p> <p>The Toolkit will equip you with the knowledge and tools necess... 2416adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/october/mums-are-natural-leaders.aspx <p><img src="/media/40873/aamum.jpg" width="261" height="193" alt="mum"/>&nbsp;</p> <p>Mothers manage behaviour for a living. The job of a Manager is a lot about managing people's behaviour too.</p> <p>&nbsp;Check out the &nbsp;job description of a Mum and see if it reads like a leader:</p> <p>&nbsp;</p> <ul> <li>Planning and organising people</li> <li>Motivating (or bribing) kids to do what you want</li> <li>Giving feedback and correcting behaviour</li> <li>Directing p... 2440We are DONE!adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/october/dismissal-by-mutual-agreement.aspx <p><strong><img src="/media/40906/aa fired.jpg" width="486" height="363" alt="Fired"/></strong></p> <p><strong>&nbsp;</strong></p> <p><strong>How many different ways can an employee leave a company?</strong></p> <p>Essentially there are only 4 ways an employee can leave a company including:</p> <ol> <li>Resignation</li> <li>Termination</li> <li>Constructive dismissal</li> <li>Frustration of Contract (Death)</li> </ol> <p>&nbsp;</p> <p><strong>What is constructive... 2443Why you can't force culture changeadminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/october/you-can't-force-culture.aspx <p><img src="/media/40939/magic wan.png" width="232" height="217" alt="magic wand"/></p> <p>I often get asked if HRBS can come in and wave our magic wand and change an organisation's culture. After 21 years in HR I am still searching for that magic wand!</p> <p>&nbsp;</p> <p>If you have problems with your culture then you need to look at the people within the business to see what personalities and behaviours are contributing to those aspects of the culture that you don't like.</p... 2445adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/october/the-fish-rots-from-the-head.aspx <p><img src="/media/41022/fish.jpg" width="259" height="195" alt="Fish"/></p> <p>&nbsp;</p> <p>Not all dysfunctional or under-performing businesses have leadership problems, but it is a good place to start looking.</p> <p>My first boss told me that if there are HR issues in a business, the cause is often leadership in that the 'fish rots from the head'. From my experience there is a lot of truth to this statement.</p> <p>If you have a business unit that is not performing or is ... 2467adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/october/the-fish-rots-from-the-tail-too.aspx <p><img src="/media/41405/aatail.jpg" width="250" height="202" alt="Fish tail"/></p> <p><strong>Managing Toxic Employees</strong></p> <p>I have come across many dysfunctional cultures which are a result of toxic employees who cannot be led, managed or motivated.</p> <p>They are usually long standing employees, who have slipped through the performance management net or maybe you inherited them when joining a new organisation. Unfortunately, nobody told you at the interview that th... 2449Is an employee entitled to redundancy pay when an employer relocates?adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/october/is-an-employee-entitled-to-redundancy-pay-when-an-employer-relocates.aspx <p>&nbsp;<img src="/media/41055/car_497x310.jpg" width="497" height="310" alt="Car"/></p> <p>We recently had to provide some advice to a client who was looking at moving their office to the Gold Coast, which meant that the employees would need to relocate or drive to the Gold Coast daily. The job was being offered on identical terms and conditions.</p> <p>&nbsp;</p> <p>The employer in this matter wanted to know whether the relocated job would be 'other acceptable employment' b... 2451Can the boss really be friends with employees?adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/october/can-the-boss-be-friends-with-their-employees.aspx <p><strong>&nbsp;<img src="/media/41088/friends.jpg" width="299" height="168" alt="Friends"/></strong></p> <p><strong>Why being friends does not work</strong></p> <p>Inevitably we all make friends at work. Friendships require us to be loyal, and so do employers, thus the conflict of interest can arise.</p> <p><strong>Being a manager is not about being popular</strong></p> <p>Many inexperienced managers start off this way. They try to manage people through building friendships wi... 2453adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/november/when-can-you-question-an-employee's-medical-certificate.aspx <p><strong><img src="/media/41147/dr.jpg" width="275" height="183" alt="Dr"/></strong></p> <p><strong>The recent case example</strong></p> <p><strong>&nbsp;</strong></p> <p>In the recent case involving BHP, the employee sustained a work related injury and reinjured himself a number of times. In 2013, he had not worked for 8 months and had little contact with BHP over that time.</p> <p>&nbsp;</p> <p>On 2 April 2013, the employee tried to come back to work producing medical ce... 2457adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/november/selling-your-employer-brand-why-should-i-work-for-you.aspx <p>&nbsp;<img src="/media/41185/brand.jpg" width="271" height="186" alt="Brand"/></p> <p>HR professionals have been applying the principles of marketing in the pursuit of 'employee of choice' status for their organisations. In the process, they have expended enormous amounts of time, energy and money in advertising and promoting their 'employer brand'.</p> <p>&nbsp;</p> <p>In tough economic times, your employer reputation is really on show, as organisations will be judged on how ... 2459adminHRBShttp://www.hrbs.com.au/news-publications/blog/2014/november/to-pay-or-not-to-pay-for-work-experience.aspx <p><strong><img src="/media/41218/pay_498x370.jpg" width="498" height="370" alt="Pay"/></strong></p> <p><strong><span>Hiring interns or people on work experience without pay could land you in hot water if the current Fair Work Ombudsman matters are anything to go by.</span></strong></p> <p><strong>&nbsp;</strong></p> <p><strong>When is unpaid work lawful under the Fair Work Act?</strong></p> <p><strong>&nbsp;</strong></p> <p>Some industries like retail and hospitality do t... 2462Angelahttp://www.hrbs.com.au/news-publications/blog/2013/blog/hot-tips-for-recruitment-for-employers-and-job-seekers.aspx <p><img src="/media/28149/hot tip.jpg" width="229" height="220" alt="hot tip"/></p> <p>We've come to realise that when it comes to recruitment, expect the unexpected.&nbsp; As we do more recruitment for our own staff, as well as for our clients, our exposure to the truly bizarre increases.&nbsp; It's become apparent that what might be seemingly obvious for us, in fact, isn't obvious to others!</p> <p>Here's some of our top tips for both job seekers and employers:</p> <p><strong>H... 2126Angelahttp://www.hrbs.com.au/news-publications/blog/2013/blog/when-is-bullying-not-bullying.aspx <p>From the 1st January 2014, employees who believe they have been bullied can apply directly to the Fair Work Commission for assistance. To prevent successful claims, it is now more important than ever to ensure that your policies are up to date, and most importantly that your employees are educated on what workplace bullying is, and also what it isn't!<br /> <br /> Workplace bullying is not:</p> <ul> <li>a single incident of harassing type behaviour</li> <li><span><span>reasona... 2052Angelahttp://www.hrbs.com.au/news-publications/blog/2013/blog/resignations-in-the-heat-of-the-moment-a-recipe-for-unfair-dismissal.aspx <p><img src="/media/25570/temper.png" width="256" height="170" alt="temper"/></p> <p>Imagine this scenario:</p> <p><em>You've got an underperforming employee, you book a meeting.&nbsp; During that meeting you address your areas of concern with their performance.&nbsp; You are clear, you give specific examples&nbsp; - you are ticking ALL of the performance management boxes.&nbsp; During this meeting your employee becomes increasingly agitated and upset,&nbsp;they aren't&nbsp;taking t... 2084Redundacies & Christmas time - a bad mix for moraleAngelahttp://www.hrbs.com.au/news-publications/blog/2013/blog/redundancies-at-christmas-time-a-bad-mix-for-morale.aspx <p><img src="/media/25404/bahhumbugcat_150x225.jpg" width="150" height="225" alt="BahHumbugCat"/></p> <p>Like&nbsp;any major business change, the timing of redundancies is always critical.&nbsp; But redundancies at Christmas time is a major morale no-no and it's not just the Scrooge factor that needs to be considered! While many companies take a stance that performing a round of necessary redundancies in November/December means that you can start the new year fresh, the apparent ben... 2080Angelahttp://www.hrbs.com.au/news-publications/blog/2013/blog/is-your-company-protected-by-a-social-media-policy.aspx <p><img src="/media/25479/imagescaspqwc9.jpg" width="180" height="180" alt="imagesCASPQWC9"/></p> <p>Along with the many benefits of social media, there are real risks from an HR and IR perspective which employers need to be aware of. Employers must be very careful when disciplining employees who make disparaging comments regarding their employer, clients or co-workers on social networking sites such as Facebook and Twitter.</p> <p>Increasingly we are advising employers on how to de... 2082Angelahttp://www.hrbs.com.au/news-publications/blog/2013/blog/what-are-your-performance-appraisals-actually-measuring.aspx <p>Here at HRBS we see many different performance appraisal systems every year. Our clients come to us with systems and processes that simply do not work. The symptoms of a poor performance appraisal system include:</p> <ul> <li style="list-style: none"><br /> </li> <li>Too lengthy and cumbersome for the manager and employee to complete</li> <li>No link to the Position Description or core duties</li> <li>No opportunity to discuss career development</li> <li>Complex rating ... 2053Angelahttp://www.hrbs.com.au/news-publications/blog/2013/blog/pyschometric-testing-your-very-own-crystal-ball!.aspx <p> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <img src="/media/22731/clairvoyant.png" width="273" height="185" alt="clairvoyant"/></p> <p>It is a common misconception that using a psychometric assessment in your recruitment or development activities is as reliable or "new age-y" as using a clairvoyant or turning to the cards for the answers.&n... 1948Angelahttp://www.hrbs.com.au/news-publications/blog/2013/blog/do-you-see-it-and-say-it.aspx <p style="padding-left: 120px;">&nbsp;<img src="/media/22590/sisi.jpg" width="250" height="167" alt="sisi"/></p> <p>'See it Say it' (SISI) is when you see behaviour or performance that is unacceptable and you say something <strong>immediately</strong> while the issue is small and before it escalates - it is proactive performance management. SISI also applies to when you see <strong>positive</strong> <strong>behaviour</strong>. Immediately acknowledging the positive behavior of the emp... 1944Contractor Vs. Employee – Why knowing the difference can save your business moneyReloadhttp://www.hrbs.com.au/news-publications/blog/2013/blog/contractor-vs-employee-–-why-knowing-the-difference-can-save-your-business-money.aspx <p><img src="/media/22346/hrbs-question mark_210x210.jpg" width="210" height="210" alt="hrbs-question mark" style="display: block; margin-left: auto; margin-right: auto;"/></p> <p>Knowing the difference between a contractor and an employee can affect your companies various tax and legal obligations. Often the line between employee and contractor is blurred and this can make it difficult for companies to establish the nature of its relationship with service providers. Since both indep... 1938Reload Bloghttp://www.hrbs.com.au/news-publications/blog/2013/blog/how-to-handle-redundancies-–-the-facts-you-need-to-know.aspx <p><img src="/media/21554/redundancy4.jpg" width="275" height="183" alt="redundancy4"/></p> <p>&nbsp;</p> <p>Redundancy can be a delicate issue. Whatever side you are on, it is important you handle it the right way so both parties can part in a reasonably pleasant manner. Although the global financial crisis has been and gone, redundancies are not uncommon in our ever-changing world. However, many businesses do not handle them in the right way, resulting in damage to both the emotio... 1907Angelahttp://www.hrbs.com.au/news-publications/blog/2013/blog/are-you-taking-advantage-of-the-probationary-period.aspx <p>&nbsp;</p> <p style="padding-left: 120px;">&nbsp;<img src="/media/22463/try before you buy.png" width="227" height="222" alt="try before you buy"/></p> <p>We are often called on to help our clients when an employment relationship goes south and so many times&nbsp;these calls happen mere days after the probationary period has passed.</p> <p>Firstly, we would like to clear up a&nbsp;few&nbsp;common misconceptions about the probationary period:</p> <ol> <li>It is now referred t... 1936