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News, analysis, online events and on-demand webcasts covering human resources.en-auCopyright HR Dailyhourly11970-01-01T00:00+00:00HR Daily
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News, analysis, online events and on-demand webcasts covering human resources.Key steps ensure a water-tight D&A testing regime
https://www.hrdaily.com.au/news/11824
Taking specific steps when implementing a D&A testing regime will help employers if they need to rely on it to defend disciplinary action, according to a lawyer.<!--MORE-->
Firstly, employers need to consider whether such testing is actually permitted, through an enterprise agreement, policy or contract, Henry William Lawyers partner Renee Kasbarian tells an [HR Daily Premium webcast](11788).
Next, they must determine whether it is lawful and reasonable to conduct testing, she says, by taking into account their work health and safety obligations, the nature of the work their employees perform, the industry they operate in, and any industry standards or requirements...HR Daily2024-03-18T12:35:00+10:00'Dishonest' employee wins maximum compensation for unfair dismissal
https://www.hrdaily.com.au/news/11800
An employer has failed to defend dismissing an employee for improperly claiming an allowance, after the Fair Work Commission found managers condoned practices that were inconsistent with its "unclear" policies. <!--MORE-->
Eastern Guruma sacked the site administrator after an investigation found she had allegedly dishonestly claimed a 30% 'site uplift allowance' on 12 occasions when she was not entitled to it.
In claiming unfair dismissal, the employee told the Commission that during her three-year tenure, eight different project managers had directed her to claim the allowance on fly-in or fly-out days, as well as when she worked from home outside of her rostered hours...HR Daily2024-03-06T14:35:00+10:00"Inadequate" bullying policy costs employer $25k; Reproductive leave campaign; and more
https://www.hrdaily.com.au/news/11802
* Director guilty of prolonged bullying
* Unions call for 10 days' paid reproductive leave
* Women recognised for leadership excellenceHR Daily2024-03-06T13:53:00+10:00Webcast: Managing workplace D&A issues
https://www.hrdaily.com.au/news/11788
Managing D&A issues at work has become more complex, with increasing safety, legal and industrial ramifications for employers. Watch this HR Daily Premium webcast to ensure your knowledge of the regulatory landscape is up to date.<!--MORE-->
Topics covered include:
* the legal framework around workplace drugs and alcohol management;
* emerging issues, such as medicinal drug use;
* effective and defensible testing regimes;
* policy drafting considerations;
* case law lessons from disciplinary and termination disputes; and
* practical guidance.HR Daily2024-03-01T15:09:00+10:00Right to disconnect won't cause "significant" change; What policies women want
https://www.hrdaily.com.au/news/11772
Employees' new right to disconnect is unlikely to cause a significant change in Australian workplaces, an employment law specialist says.<!--MORE-->
The right, which was included in the Closing Loopholes No.2 Bill that [passed by Parliament earlier this month](11743), will take effect six months after the legislation receives Royal Assent.
"Employees who are in jobs where they are eager to get ahead and climb ladders, or even just in jobs that they are worried about losing, will most likely not choose to ignore calls outside of work hours or make orders to stop their employers from contacting them," Hickson Lawyers partner Warwick Ryan says by way of example... HR Daily2024-02-23T13:23:00+10:00Prepare for public gender equality reporting now
https://www.hrdaily.com.au/news/11703
Many large employers are already addressing some of the gender equality indicators they'll need to report on publicly in April, but are "yet to get their head around" how they all sit together, a lawyer says. <!--MORE-->
2023 was a "huge" year for workplace law reform and gender equality, from the [Secure Jobs, Better Pay legislation](11277), to [positive-duty safety regulations](10644), to the establishment of an [expert panel for pay equity](11368), to the [Closing Loopholes Bill](11671), Kingston Reid partner Shelley Williams tells HR Daily.
Given the many legislative and regulatory changes that came about almost simultaneously, she's not surprised that many employers and HR leaders are still grappling with them. "And it's not really letting up because [2024 is going to be just as big a year](11696)."
In particular, amendments made via the [Closing the Gender Pay Gap Bill](11156) mean that from 1 April, employers with more than 500 employees will need to share information on gender pay gaps...HR Daily2024-01-23T14:13:00+10:00Disregarding remote-work policies, despite no ill intent, warranted sacking
https://www.hrdaily.com.au/news/11698
An employee wrongly believed his organisation's formal process for remote-work approvals could be "arbitrarily changed", the Fair Work Commission has found in upholding his dismissal for serious misconduct. <!--MORE-->
The Bureau of Meteorology dismissed the research scientist in June 2023 for breaching its policies and procedures in mid-2022, when he:
* accessed Bureau IT networks on a personal device without permission;
* failed to comply with work-from-home (WFH) arrangements by working overseas;
* lied to his manager regarding his whereabouts; and
* failed to comply with lawful and reasonable directions.
It noted similar breaches occurred in early 2023 when the employee failed to follow directions to work from the Melbourne office and instead performed duties while in the United States...HR Daily2024-01-22T15:23:00+10:00D&A policies must keep up with trends: lawyers
https://www.hrdaily.com.au/news/11684
In light of rising use of medicinal cannabis, it's important for employers to regularly review their D&A policies and ensure they're fit for purpose, lawyers say. <!--MORE-->
This is highlighted in an unfair dismissal ruling handed down recently, involving a worker who was sacked for not disclosing that he was using medicinal cannabis, even though he didn't return a positive result when tested for drugs.
The employer had a well-established zero-tolerance policy, and "there was a very strict requirement in the policy... that if there was some medication that would impair the employee's ability to perform their work, then they would have to disclose that and keep the employer updated of any changes to the prescription", HWL Ebsworth special counsel Lily Schafer-Gardiner explains in a [new HR Daily Premium webcast](11675)...HR Daily2023-12-13T14:43:00+10:00Webcast: Unfair dismissal claims review 2023/24
https://www.hrdaily.com.au/news/11675
Watch this HR Daily Premium webcast to hear lessons from the past year's unfair dismissal claims, and what to expect in 2024. <!--MORE-->
This presentation provides an overview of the unfair dismissal jurisdiction, key trends and takeaways from 2023's rulings, and specific case examples involving:
* medicinal cannabis use;
* intoxication at work;
* out-of-hours misbehaviour;
* "hateful" Microsoft Teams messages;
* offensive material shared in a Facebook group; and
* "exceptional" circumstances warranting an extension of time.HR Daily2023-12-08T12:53:00+10:00Employer 'essentially ignored' FWC's criticism of D&A policy flaws
https://www.hrdaily.com.au/news/11668
An employer failed to learn from its mistakes and unfairly sacked a long-serving worker for returning a positive D&A test, the Fair Work Commission has found in ordering reinstatement. <!--MORE-->
Sydney Trains dismissed the work group leader in September last year for breaching its drug and alcohol policy.
In unfair dismissal proceedings, the Commission heard that on 31 May 2022, four days before he was due to return from approved leave, the employee went out with friends and had some cocaine.
On his first day back at work, he underwent a random drug and alcohol test and returned a positive reading for cocaine metabolites; a further test showed he had benzoylecgonine in his system at a concentration of 264 ug/L, which exceeded the 150 ug/L "testing cut-off" under Australian Standards...HR Daily2023-12-06T14:42:00+10:00Sunset approaching for 'zombie' EAs; Modern slavery amendments; and more
https://www.hrdaily.com.au/news/11663
* 'Zombie' enterprise agreements sunsetting on Thursday
* New Commissioner to oversee modern slavery laws
* 'Positive duty' compliance powers start soonHR Daily2023-12-04T13:01:00+10:00"Positive duty" adds weight to employers' end-of-year function risks
https://www.hrdaily.com.au/news/11634
With the festive season approaching, a workplace relations expert warns employers not to underestimate the effect alcohol has on behaviour, reminding them of their new "positive duty" to prevent inappropriate conduct.<!--MORE-->
Especially after fewer Christmas parties and functions were held over the past few years, it is particularly important for businesses to review their processes and policies prior to this year's round of events, Holding Redlich state managing partner Rachel Drew tells HR Daily.
"There are a range of [new laws which have come into play](11030) in the last two years which increase the risk of a complaint being made, and being successful, in the event that there is some type of offensive conduct or misbehaviour," she notes...HR Daily2023-11-21T09:51:00+10:00Q&A: Shutdowns and annual leave directions
https://www.hrdaily.com.au/news/11613
As the holiday season approaches, some employers might be planning their annual shutdown without regard to rules that have changed this year. Watch this Q&A to ensure your organisation complies. <!--MORE-->
This Q&A covers:
* what a shutdown is;
* how shutdown rules have changed this year;
* which employers are affected;
* annual leave directions;
* issues around annual leave accruals; and
* best-practice tips.HR Daily2023-11-13T13:09:00+10:00HR budgets stretched with new compliance duties
https://www.hrdaily.com.au/news/11603
Employers' new obligations to proactively eliminate s-xual harassment and prevent psychosocial harm at work are set to have an impact on HR teams that shouldn't be underestimated, a workplace lawyer says. <!--MORE-->
The new rules will put "significant pressure" on HR teams, says Bartier Perry workplace and culture partner James Mattson.
It's difficult to quantify the investment this will require from businesses to ensure they comply, he tells HR Daily...HR Daily2023-11-08T14:53:00+10:00Four-day week lessons from an early adopter
https://www.hrdaily.com.au/news/11548
An employer that was among the first to trial a four-day working week has shared some key lessons and tips from its journey. <!--MORE-->
When recruitment company Beaumont People launched a four-day week pilot very early in 2020, it was one of the first recruitment companies to do so.
It paused the trial briefly when the pandemic hit, then relaunched it and has continued working this way since.
According to managing director Nina Mapson Bone, [the company](11342)'s success so far results from taking a highly structured approach; the agency spent six months "brainstorming everything that could go wrong" then trying to engineer solutions in advance...HR Daily2023-10-11T12:12:00+10:00HR department labelled a "black box" on inappropriate behaviour
https://www.hrdaily.com.au/news/11544
Senior leaders and HR managers in the Productivity Commission will undergo trauma-informed and victim-centred response training, after a review revealed a "permissive" workplace culture where allegations of s-xual harassment and s-xism are minimised and inadequately investigated.<!--MORE-->
The independent review, undertaken by Intersection Pty Ltd, was commissioned by the Department of Treasury following a complaint about the advisory body's workplace culture and internal management practices.
An abridged version of the review report reveals a concerning presence of inappropriate behaviour, particularly in the Canberra office, caused by a "blokey, hyper-masculine culture"...HR Daily2023-10-10T14:29:00+10:00'Manipulative' employee was unfairly dismissed, but denied reinstatement
https://www.hrdaily.com.au/news/11524
An employer unfairly dismissed an employee after "misunderstanding" his performance requirements and its own workplace procedures, a tribunal has found, however it declined to reinstate him due to his "manipulative" behaviour. <!--MORE-->
The City of Mitcham employee, who performed mainly arboreal work, was dismissed in November last year for breaching the terms of his performance improvement plan (PIP) and failing to comply with the employer's 'incident reporting' procedure.
The employee considered he was sacked without a valid reason and submitted an unfair dismissal application, seeking reinstatement.
He argued the employer had misinterpreted its own policies and procedures, and submitted that neither his PIP nor the incident procedure had been breached...HR Daily2023-09-29T11:08:00+10:00Global return-to-office policies on the rise, but risks "overlooked"
https://www.hrdaily.com.au/news/11494
More employers are now rolling out global return-to-office policies, a workplace lawyer says, but many are overlooking legal risks in the process.<!--MORE-->
Across the world, employers are "grappling" with flexibility and seeking advice, says Dentons Australia partner Paul O'Halloran.
Whether employers in multiple countries really need a global policy is a "credible question", he says, but overall the push for RTO policies is an attempt to overcome two issues: "value disintegration" and the loss of power.
"What I call 'value disintegration' is the most articulated reason for wanting this policy," O'Halloran tells HR Daily...HR Daily2023-09-14T13:51:00+10:00Q&A: Four-day week implementation and legal issues
https://www.hrdaily.com.au/news/11449
Employers can't "rush" to implement a four-day week; there are many legal areas to consider before jumping into a trial, warns a workplace lawyer. <!--MORE-->
Topics covered in this Q&A include:
* four-day week models and their respective risks;
* government and union positions on the topic;
* implementation best practices;
* key risk management considerations;
* part-time employee impacts;
* potential unintended consequences;
* tips for HR; and more.HR Daily2023-08-24T15:40:00+10:00"Disproportionate" response to misconduct precipitated employee's suicide: coroner
https://www.hrdaily.com.au/news/11446
An employer could have prevented a long-serving employee's suicide if it followed its own disciplinary procedure and considered alternatives to dismissal, a coroner's court has found. <!--MORE-->
Victorian Coroner Audrey Jamieson said the Oceania Glass HR manager's "disproportionate" response to the employee's intoxication at work was inconsistent with the relevant enterprise agreement, which emphasised a "rehabilitative and health-based approach to alcohol misuse".
Oceania Glass assistant team leader Anuruddha Bandara Abeysinghe died by suicide in July 2020, the day after he was sacked for being under the influence of alcohol while working...HR Daily2023-08-23T16:13:00+10:00Misconduct dismissals undermined by "significant" procedural shortcoming
https://www.hrdaily.com.au/news/11445
An employer that sacked three employees for misconduct, without investigating whether their actions were an accepted practice as they claimed, has been ordered to reinstate them with continuity of service and backpay. <!--MORE-->
In March this year, Rentokil Initial dismissed the three sales consultants, all of whom participated in a commission plan related to monthly sales targets, after discovering they had shared "sales credits" with colleagues the month before.
The employer considered their actions were a "deliberate falsification" of sales records and breached "company policy" and its code of conduct.
But in claiming unfair dismissal, the employees denied knowing of any policy that prohibited sharing sales credits, and argued that managers were aware of and condoned this "accepted practice"...HR Daily2023-08-23T14:44:00+10:00Overtime class action has "broad" implications: lawyer
https://www.hrdaily.com.au/news/11443
Overtime practices adopted by employees without authorisation can take on "a life of their own", a lawyer warns following a class action ruling that has "broad" implications for employers. <!--MORE-->
The class action decision found an employer gave "implied" authorisation for a group of junior doctors to perform overtime "regularly and extensively", and as a result, they were entitled to have their underpayments rectified.
Kingston Reid special counsel Brad Popple says there was "no question in this case" that the employer had protocols in place for obtaining authorisation for overtime, and that the employees had failed to follow them...HR Daily2023-08-22T15:15:00+10:00Employer "implied" authorisation for regular overtime: Court
https://www.hrdaily.com.au/news/11442
A group of employees who worked overtime "regularly and extensively" without obtaining formal permission did so with "implied" authorisation, a court has found. <!--MORE-->
In a class action, the lead applicant junior doctor argued she was entitled to be paid for overtime worked, even though it was not formally authorised by her employer (Peninsula Health) and she had signed timesheets saying she hadn't worked extra hours.
The Court dealt with the claim on two levels, Kingston Reid special counsel Brad Popple tells HR Daily...HR Daily2023-08-22T15:00:00+10:00Conflict of interest not always a problem, but hiding it is
https://www.hrdaily.com.au/news/11424
Conflicts of interest aren't always problematic, but "hiding or failing to manage one is", according to a new report calling for better education and internal controls. <!--MORE-->
In her report, *Misconduct in public organisations: A casebook*, Victorian Ombudsman Deborah Glass says in the past financial year, her office received:
* 92 allegations about conflict of interest, favouritism, or discrimination;
* 27 allegations about the misuse of public information or materials;
* 20 allegations about the misuse of resources; and
* 55 allegations about the misuse of authority, position, or power.
One of the seven case studies in the report pertains to a manager tasked with filling a role that one of their friends wanted. That manager made decisions about the position description and advertising strategy, formed, and chaired the interview panel, checked references, and hired their friend...HR Daily2023-08-14T14:11:00+10:00Employer ordered to pay $54k after ignoring FWC recommendation
https://www.hrdaily.com.au/news/11396
The Federal Court has criticised an employer that ignored a recommendation about a misconduct investigation, and instead proceeded to dismiss an employee, noting its "unfortunate" decision breached its enterprise agreement. <!--MORE-->
Justice John Logan said that while the employer wasn't obligated to act on the recommendation, its failure to do so during a dispute resolution process violated an EA clause that required it to maintain the "status quo" until the matter was finalised.
In February this year, Brisbane Catholic Education informed the teacher that it was investigating allegations she had "squeezed and pulled" two year eight students' ears to indicate which earrings complied with uniform expectations...HR Daily2023-08-01T15:04:00+10:00Employee's reporting obligations were "unambiguous", dismissal upheld
https://www.hrdaily.com.au/news/11383
An employee who relied on legal advice and delayed informing his workplace of pending criminal charges has been denied permission to appeal his failed unfair dismissal claim, with a full bench affirming his workplace reporting obligations outweighed his lawyer's advice. <!--MORE-->
The Sydney Trains employee, who had worked for the employer for 37 years, was dismissed in October last year for failing to "immediately" report 12 "serious" criminal charges, as required under its code of conduct.
In unfair dismissal proceedings, Commissioner Donna McKenna heard the employee had acted on advice from his lawyer to "hold off" on reporting the charges until they had settled on the agreed facts with the prosecutor, and that the employer had only become aware of the drug and weapon charges 11 months later, through an anonymous tip-off...HR Daily2023-07-25T15:16:00+10:00Inclusive leave policies a key factor in retention success
https://www.hrdaily.com.au/news/11336
An employer has achieved a 50% increase in men taking parental leave, and a 75% reduction in women resigning while on parental leave, since making its policy more inclusive. <!--MORE-->
Australian Financial Complaints Authority (AFCA) has removed "traditional" primary and secondary carer labels from its policies to make them more inclusive, and provides 16 weeks' paid leave, which it is considering extending to 18.
Chief operating officer Justin Untersteiner, who works part time and is himself "a very active dad", says the new policies encourage parents to share the caring load equally...HR Daily2023-07-03T11:51:00+10:00Employer refused flex work request without "meaningful engagement"
https://www.hrdaily.com.au/news/11301
An employer failed to "fulsomely engage" with an employee and consider all available options when determining her flexible work request, a Fair Work Commission full bench has found in appeal proceedings. <!--MORE-->
In February last year, the Ambulance Victoria paramedic requested a flexible work arrangement under the relevant enterprise agreement, so she could accommodate her caring responsibilities.
She proposed shortening her night shifts from 6pm–8am to 9pm–6am, however the employer said this "can't be done" because that type of shift didn't exist...HR Daily2023-06-16T14:17:00+10:00Code of conduct applied to consultation meeting
https://www.hrdaily.com.au/news/11268
An employee has failed to argue a different standard of conduct applied during a consultative meeting, in appealing against the severity of disciplinary action imposed on him for poor behaviour.<!--MORE-->
The disciplinary action related to an employee meeting organised by WorkCover Queensland's people group in October, to discuss a new certified agreement.
During the hybrid meeting, which he attended in person, the employee was alleged to have: interrupted the head of people operations on multiple occasions; made sarcastic noises such as sighing; and used expressions that were rude, abrupt or disparaging...HR Daily2023-05-30T13:20:00+10:00"Culture shock" and overwhelm too common after taking leave: research
https://www.hrdaily.com.au/news/11205
More than one-third of Australian workers have taken leave for more than four consecutive weeks for reasons other than a holiday, and for many the return is far from smooth, highlighting how important it is for organisations to offer proactive support.<!--MORE-->
The research, conducted by Seek, has found the most common reasons for taking leave apart from travel are mental health challenges (24%), parental leave (24%), physical illness or injury (21%) and a career break (15%). And a third of employees who have taken non-holiday leave say they didn't keep in contact with their employer during their time off.
Seek's chief people and culture officer Kathleen McCudden says some employees will want a complete break from work, however making "a real effort" to accommodate those who wish to keep in touch is really important...HR Daily2023-04-28T12:03:00+10:00