Common Compliance Mistakes Made by Practices
Fixed term contracts
Fixed term contracts give employers hiring certainty and control. However, they often fail to include a termination clause that allows employers to fire someone before the contract ends. The result? Employers can be obligated to pay out the employee if they terminate a contract early.
Inaction over breaches of policies
It’s no good having a tight policy in place if it isn’t enforced. In recent cases, the courts have decided that where an employer fails to act, it essentially condones the behaviour or the breach of a policy. Failing to apply a policy to an individual may mean the same policy can NOT then be applied to anyone else.
Complaints of bullying
Bullying is a serious issue. Employers must strictly follow their bullying policy and investigate the allegations in line with a proper process. If anything is done incorrectly, the whole process can be undermined. There’s also a greater risk of being hit with a worker’s compensation claim for stress and anxiety.
Failure to consult
The Award provides employers MUST consult over relevant workplace change, such as adjusting clinic operating hours. If the consultation process isn’t followed, an employer may be in breach of their legal obligations and unable to get employees to comply and cooperate with the change.
Many employers don’t understand the difference between regular and systemic casuals, and irregular casuals. The unfair dismissal laws apply differently to both categories. Employers can find themselves facing an unfair dismissal claim if they don’t know which law applies to their employees.
Did you know that in many cases, contractors have the same workplace rights as employees under the Fair Work Act? This includes prospective contractors (cleaners, trades people and so on) who are entitled to issue a complaint against the employer for certain action taken to their detriment.
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