On Demand HR Australia

🚨 New Criminal Underpayment Laws from 1 January 2025 🚨 From 1 January 2025, intentional underpayment of wages or entitlements may be considered a criminal offence in Australia. This means: ✔️ The Fair Work Ombudsman (FWO) can investigate and refer suitable cases for criminal prosecution. ✔️ Penalties for those convicted can include fines, prison time, or both. Protections for Small Businesses: Small businesses can avoid criminal prosecution by adhering to the new Voluntary Small Business Wage Compliance Code. Download the Code and supporting guide here: Voluntary Small Business Wage Compliance Code. What You Can Do Now: 🔍 Learn more about the upcoming changes, including: The new criminal underpayment laws. Updates to entry-level award classifications. Changes stemming from the Aged Care Work Value Case. 💡 Stay Informed: Forward this update to your network, subscribe to the FWO’s email updates (or On Demand HR of course) to ensure you’re always up to date with workplace laws. 📲 Follow Fair Work Ombudsman on social media for timely reminders and updates! Let’s work together to promote compliance and protect employees in the workplace. #FairWork #WorkplaceCompliance #AustralianBusiness #HRNews

Psychosocial Hazards in the Workplace: How Proactive Support Can Transform Your Business! The modern workplace is evolving rapidly, and with these changes comes a growing recognition of the importance of addressing psychosocial hazards. These hazards—stemming from workplace stressors such as excessive workloads, interpersonal conflicts, lack of role clarity, or poor organisational culture—can have profound impacts on both employees and businesses. While much attention is rightly placed on physical safety, the emotional and psychological well-being of employees is equally critical. Left unaddressed, these hazards can lead to burnout, mental health challenges, decreased productivity, and even costly legal disputes. Among our current Membership, psychological injury workers compensation claims are among the most concerning issues being faced across all industries.  On Demand HR: Solutions for Modern Workplace Challenges At On Demand HR, we understand the complexities of managing psychosocial risks. That’s why we’ve developed practical tools to support both employees and employers in creating a healthier, more supportive workplace. 1. Access to an Employee Assistance Program (EAP) Employees often need a safe space to discuss their concerns confidentially. Our ad hoc access to an EAP program allows employees to connect with qualified professionals, offering them guidance and support when they need it most. 2. External Grievance Lodgement Form For employees hesitant to raise issues through internal channels, our External Grievance Lodgement Form provides a secure, independent platform to voice concerns. This option empowers employees while giving businesses the opportunity to address issues early, before they escalate. Empower Your Workforce, Strengthen Your Business Investing in tools like an EAP and external grievance options isn’t just about compliance—it’s about fostering a culture of trust, transparency, and support. When employees feel valued and heard, they are more likely to bring their best selves to work, driving your business forward. If you're ready to take proactive steps in managing psychosocial hazards and supporting your team, reach out to us at On Demand HR. Together, we can build a workplace where everyone thrives. Learn more about our services and solutions for your business at On Demand HR. #PsychosocialSafety #WorkplaceWellbeing #OnDemandHR #EmployeeSupport #MentalHealthAwareness

Near Maximum Compensation Awarded A recent Fair Work Commission (FWC) decision in Shaun Crowley v Modcon Group Pty Ltd [2024] FWC 1423 awarded the employee $71,187.07 in compensation for unfair dismissal. This case underscores the critical importance of procedural fairness and substantiated reasons when terminating employment. Key Takeaways for Employers: Ensure Procedural Fairness: Before dismissal, clearly communicate allegations to the employee and provide an opportunity for response. Substantiate Reasons for Dismissal: Maintain thorough documentation to support the grounds for termination. Adhere to Transparent Processes: Follow established procedures to mitigate risks of unfair dismissal claims. This ruling serves as a crucial reminder to uphold fair and transparent practices in employee terminations.

💼 Why Paying for Productive Work is Non-Negotiable 💰 As employers, it's natural to want to ensure a new hire is the right fit for the role. Trial shifts or training are often part of this process. However, a question we hear frequently is: "Do we need to pay for trial shifts or mandatory training?" The short answer: Yes, absolutely. Here’s why: 1️⃣ Work Deserves Fair Pay If an individual is contributing to your business in any way—be it during a trial shift or while undergoing required training—they are performing productive work. This means they should be compensated for their time and effort. It’s not just a moral responsibility; in many jurisdictions, it’s a legal requirement. 2️⃣ Building a Culture of Respect Compensating candidates and new hires from the outset sets the tone for a respectful and fair workplace. It shows that you value their skills and time, even during the onboarding or trial process. 3️⃣ Compliance Matters Failure to pay for trial shifts or training can lead to legal consequences, damaging your reputation and trust with your team. Staying compliant with employment laws not only avoids penalties but demonstrates your commitment to ethical business practices. 4️⃣ Attracting Top Talent The best candidates notice these practices. Fair pay during trials or training reflects positively on your company and can set you apart in a competitive job market. If you're unsure how to structure pay for trial shifts or training, here’s a tip: Treat it like any other workday. Outline expectations clearly and compensate accordingly. It’s a small investment in building a strong, motivated team. Let’s prioritize fairness and set the standard for an equitable workplace. 💪 What are your thoughts on this? Have you encountered situations where trial work wasn’t paid for? Let’s discuss in the comments below! 👇 #FairPay #EthicalWorkplace #EmployeeRights #Leadership #HR

🚨 Victoria Leads the Way in Modernizing Mental Injury Claims – Could NSW Follow? 🚨 Victoria’s recent reforms to its workers' compensation system, especially regarding mental injury claims, offer a roadmap for improving fairness and clarity. Changes like requiring evidence of repeated incidents for bullying claims and excluding reasonable stress, burnout, and normal workplace pressures from eligibility criteria are helping to reduce unnecessary disputes and streamline processes. These updates, outlined in WorkSafe Victoria’s Mental Injury Eligibility Directive and Scheme Modernisation Plan, focus on what really matters: supporting genuine claims while preventing misuse of the system. 👀 What does this mean for NSW? If NSW were to adopt similar reforms, it could address some of the key challenges we currently see: Fewer bullying claims arising from single incidents. Clear exclusions for injuries stemming from expected workplace activities or reasonable disciplinary actions. A streamlined process to resolve claims faster and more effectively. This would not only protect workers with legitimate claims but also give businesses greater clarity and confidence in managing workplace issues. 🌟 There’s hope that NSW will recognize the benefits of following Victoria’s lead. With modernized policies, we could create healthier workplaces and reduce unnecessary conflict in the system. What do you think? Could reforms like Victoria’s make a positive impact in NSW? Let’s discuss in the comments! 💬

💼 Understanding Your Rights as an Employer or Employee Under the Fair Work Act 💼 Under the Fair Work Act 2009 (Cth), there’s no explicit obligation for employers to proactively offer employees the opportunity to have a support person present during discussions that may lead to dismissal. However, Section 387(d) plays a crucial role in ensuring fairness: ➡️ If an employee requests a support person, the employer must not unreasonably refuse the request. ➡️ No automatic obligation exists for employers to inform employees of this option—it's the employee's responsibility to ask. 🏛️ Case Examples: 1️⃣ Dewson v Boom Logistics Ltd [2012]: An employee's request for a specific union official as a support person was denied by the employer, who nominated someone else instead. The Fair Work Commission found this refusal unreasonable, contributing to a finding of unfair dismissal. 2️⃣ Dissanayake v Busways Blacktown Pty Ltd [2011]: In this case, the employee did not request a support person but later claimed the dismissal process was unfair due to their absence. The Commission ruled that without a request, there was no breach of Section 387(d). 🔑 Key Takeaway: Employers should always consider accommodating requests for support persons to ensure procedural fairness and reduce the risk of unfair dismissal findings. Proactively creating a supportive environment can go a long way in maintaining workplace harmony and compliance! #FairWorkAct #EmploymentLaw #SupportPerson #WorkplaceRights #HRTips

Navigating Termination During Workers’ Compensation: What Employers Need to Know Managing employment relationships during workers’ compensation can be a complex and sensitive issue for employers. While it is possible to terminate an employee who is on workers' compensation, it requires careful consideration and compliance with legal requirements. Here are some key points to consider: ✅ Genuine Operational Reasons: Termination should never be related to the employee's injury or compensation claim. Instead, it must be due to valid reasons such as redundancy, misconduct, or inability to perform the inherent requirements of the role after reasonable adjustments have been considered. ✅ Clear Documentation: Ensure all decisions are well-documented to demonstrate compliance with workplace laws and avoid claims of adverse action or discrimination. ✅ Consultation and Communication: Maintain open lines of communication with the employee throughout their recovery period, providing opportunities for meaningful return-to-work plans where possible. ✅ Seek Legal Advice: Given the complexity of this area, seeking advice ensures the termination is both fair and lawful. Did you know? Employees are protected from dismissal on the basis of their capacity to perform their role for the first six months after making a workers’ compensation claim. However, this protection does not give employees the freedom to conduct themselves in ways that are inconsistent with the continuation of their employment. Example: Recently, we assisted with a situation where an employee on workers’ compensation sent their manager a text message containing offensive language and name-calling. This behavior permanently damaged the employment relationship and could be a valid basis for considering termination, depending on factors such as the employee’s length of service and other key considerations. Balancing fairness, compassion, and compliance is crucial when navigating these situations. Employers should always strive for a workplace culture that supports recovery and fair treatment, while also safeguarding the operational needs of their business. If you’re facing complex scenarios like this or need tailored advice, don’t hesitate to reach out to On Demand HR. Our team is here to help guide you through these challenging circumstances. 💬 What challenges have you faced in this area? Let’s discuss best practices in the comments below. #WorkersCompensation #EmploymentLaw #WorkplaceHR #FairWork #BusinessManagement

What Should You Pay an Employee on Workers’ Compensation in NSW? If a workers’ compensation claim is approved in NSW, employees are entitled to a proportion of their Pre-Injury Average Weekly Earnings (PIAWE) as calculated by the insurer. Here's how it works: 👉 For the First 13 Weeks: The employee receives 95% of their PIAWE. 👉 After 13 Weeks: This reduces to 80% of the PIAWE Figure, with further incremental decreases over time depending on the employee's circumstances. 💡 What Does This Mean for Employers? You are responsible for processing these payments as specified by your insurer, ensuring that: ✔️ Payroll Taxation: Deduct applicable tax from these amounts. ✔️ Payslips: Issue regular payslips showing these payments while the employee remains employed. ✔️ Pay Cycle Compliance: Ensure payments align with your normal pay cycle (weekly, fortnightly, or monthly). The insurer will then reimburse you for the costs.  🏢 Why Is This Important? This ensures compliance with the workers’ compensation system, maintains transparency with your employees, and helps build trust during a challenging time. Delaying payments can impact and extend the life of the claim due to the psychological and financial stressors of delayed payments for your employee. If you're unsure about your obligations or need help managing workers' compensation payments, we’re here to assist! #WorkersCompensation #NSWEmployers #EmployeeRights #PayrollCompliance #HRSupport

Understanding Employee Entitlements on Weekly Workers’ Compensation Benefits in NSW 💼 Did you know? Employees receiving weekly benefits under workers' compensation laws are still entitled to certain employment rights and protections! Here's what you need to know: ✅ Superannuation Contributions: Some awards require employers to continue paying superannuation contributions for injured workers who are receiving weekly compensation payments, provided the injury occurred at work. This includes the Children's Services Award and the Social, Community, Home Care and Disability Services Industry Award for example. ✅ Leave Accruals: Employees continue to accrue entitlements such as annual leave and personal leave while on workers' compensation, and can access their accrued entitlement (and continue receiving workers compensation wages) whilst on leave. ✅ Job Security: Employers have an obligation to support injured workers by facilitating their return to work where possible. This might include modifying duties or offering suitable alternative roles for at least 6 months. ✅ Protection Against Dismissal: Employees are generally protected from dismissal due to their injury for at least 6 months post the lodgement of their workers compensation claim. ⚖️ Need Help Navigating Workers' Compensation? Our team specializes in HR and workplace compliance, offering support for employers and employees alike. Feel free to reach out for guidance! #WorkersCompensation #EmployeeRights #WorkplaceWellbeing #HumanResources

📚 Unpaid Work in Australia: Legal or Not? 📚 Are you offering internships or work experience? It’s vital to understand the legal framework to avoid turning a well-intentioned opportunity into a legal issue. Our new video covers everything you need to know about staying compliant with Australian laws on unpaid work.