Lacking Time? Or Unsure Of Your Legal Obligations As An Employer?
We come across many a Small Business owner on the Gold Coast and in South East Queensland that finds nothing is ever simple when it comes to managing employees. Situations can be complex and leave wondering what went wrong and waiting for an unfair dismissal claim to appear in their inbox? I have heard so many employers say “why you even bother with employees” and with the tails, you hear it is no wonder. It does not have to be this way.
In 2020 alone below are some of the media releases from the Fair Work Ombudsman. And these are only the cases that reach conciliation, 80% of unfair dismissal claims reach an agreement before that get this far so the reality is this is only the tip of the iceberg.
There is nothing more frustrating for employers than managing an unfair dismissal case when the employer feels they have done everything by the book.
The reality is that any aggrieved employee can file an unfair dismissal claim, regardless of the merits. The barriers to entry for an unfair dismissal case are very low: an application can be filed for around $70. With such a low entry barrier on the costs, the opportunistic employees give it a go. As an employer, you need to be one step ahead or you may be one of these headlines –
- Former Sydney entrepreneur penalized $264,690 for underpayment of employees
- Cleaning Company in court – The Fair Work Ombudsman has commenced legal action in the Federal Circuit Court against Sydney-based cleaning services provider. Allegations of underpayments
- Over $200,000 penalities for restaurant underpayments
- Over $170,000 penalities for apprentice underpayments
- The Fair Work Commission ordered an employer pay an employee who was unfairly dismissed more than $87,000 in legal costs, in addition to an order that the employee be reinstated to her employment – Amara Somasundram v Department of Education & Training,  FWC 1504 and 4231
- Basic error costs an employer over $10,000 in unfair dismissal case – The employer (who shall remain nameless) decided not to engage legal representatives to defend the unfair dismissal case, despite the employee having engaged solicitors to act for him
- in Galea v Billabong Custom Caravans Pty Ltd T/A Billabong Custom Caravans (2017) FWC 2943 delivered 20 June 2017 the costs were estimated to be in excess of $10,000 for the entire proceeding not including the application for costs.
Enquire today about our Telephone and emailed based HR/ ER support and HR Advice Online. We do not run a call center – you get direct access to an employment relations expert whenever you need assistance. We help you resolve HR/ ER issues & put a plan in place to avoid future problems. The hours in our HR/ER support bundles include phone, emails, forms, correspondence letters, advice, policies, procedures, and onsite meetings. We have you covered.
Book in for a FREE 30-minute (ZOOM) Discovery Session Consultation using our online booking system.
Example areas for advice include:
- Managing employee issues such as lateness for work, absent without leave, underperformance and poor conduct;
- Dealing with complaints of Bullying and workplace investigations;
- Termination of employment, what you can and cannot do and what is the correct procedure to follow;
- Conflict Management and Communication strategies;
- Advice on meeting legislative requirements;
- General advice on the Unfair dismissal or other Fair Work Commission processes;
- How to respond to and deal with workplace complaint; and
- Employee entitlements including the correct awards and pay rates;
- Pragmatic advice on Human Resources issues
- Guidance on disciplinary actions for example, informal and formal warnings
- Guidance on Redundancies and terminations
Disclaimer: Advice given by Telephone and email is only as good as the information that you give us. The advice given may not take into account all the mitigating circumstances of particular situations and may also not provide a full story of what the issues are. Failure to tell us ALL the surrounding information may lead to less favourable outcomes. Now is not the time for secrets.