On Demand HR Australia

🚨 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.

🔑 Essential Guide to Employee Termination for Small Businesses 🔑 Small business owners, don’t let a termination put your business at risk. Our new video breaks down the Small Business Fair Dismissal Code and the critical steps to ensure a legally sound termination. 🛡️ Protect your business—know your obligations and rights. #HR #SmallBusinessAustralia #LegalCompliance #TerminationProcess

Incapacity Termination: A Critical Decision for Your Business 🚨 Delaying an incapacity termination isn't just a legal risk—it can also lead to significant financial losses. Did you know that long-term absences can result in substantial leave accruals, inflating the final payout when termination is delayed? Our guide will help you act promptly and protect your bottom line. 🎥 Learn more in our latest video: The Essential Guide to Incapacity Terminations #IncapacityTermination #LeaveAccruals #BusinessFinance #HRCompliance #SmallBusiness

🚦 At the crossroads with business restructuring? Navigating the redundancy process can be a tough journey! 🔄 In our latest video, we dive deep into what makes a redundancy genuine and how to handle it with integrity and compliance. 🎥 Understand the legal criteria, consultation requirements, and the importance of offering redeployment. Don't navigate these tricky waters alone! 🌊 👉 Check out the full video for essential insights and expert advice  📞 Need personalized guidance? Visit us at www.ondemandhr.com.au for a no-obligation discussion. #BusinessRestructuring #HRCompliance #RedundancyRights #OnDemandHR

🤔 Did you know that forgetting to ask a few key questions in your recruitment process could lead to unexpected challenges? 🤔 Discover the essential questions that can make or break your next hire in our latest video. We discuss everything from salary expectations to potential health issues that could impact job performance. 📈🏥 Want to avoid these common pitfalls? Visit www.ondemandhr.com.au to see how our tailored recruitment solutions can help. #RecruitmentTips #HRAdvice #BusinessSuccess #OnDemandHR #WorkplaceSolutions