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The Employment Law Podcast
31 minutes | 4 months ago
Episode #14 | Record Keeping Requirements
In this podcast, we run through the record-keeping obligations that exist for employers under the Fair Work Act and explain common errors we see employers make. This includes a failure to keep adequate termination of employment records and the mandatory (but often misunderstood) requirements regarding keeping a record of the number of overtime hours award-covered employees work: even when they are paid a flat hourly rate or salary. You may download Employment Innovations' Record Keeping Checklist referenced during this podcast here; https://hubs.ly/H0zyJ_l0. Need advice on your record keeping obligations and relevant requirements or have feedback on the podcast? Please contact our team at email@example.com.
28 minutes | 6 months ago
Episode #12 | JobKeeper 2.0 & The Fair Work Act Flexibilities
This week we explain the effect of the legislation passed by Parliament on 1 September 2020 which deals with the operation of the Fair Work Act flexibilities in JobKeeper 2.0. We examine the rights of employers remaining eligible for JobKeeper and the (more limited) rights of employers leaving the JobKeeper scheme at the end of September. In particular, we explain the new rules relating to JobKeeper Enabling Stand Down Directions and the abilities to reduce employees' ordinary hours. Need advice on JobKeeper 2.0 & the Fair Work Act flexibilities or have feedback on the podcast? Please contact our team at firstname.lastname@example.org.
31 minutes | 6 months ago
Episode #11 | Crazy Clauses In Modern Awards
This week we look at some of the weird and wonderful clauses that appear in modern awards. Tune into to discover: Which award obliges employers to give employees a full month's notice, even when they have only been employed less than a year? Which award provides all employees with five weeks annual leave? Which awards stipulate employees get redundancy pay even when they resign? How much is an employee entitled to get paid to dig up a dead body?... And many more crazy award provisions. Need advice on modern award provisions/clauses or have feedback on the podcast? Please contact our team at email@example.com.
25 minutes | 7 months ago
Episode #10 | Mondelez Appeal Decision & Leave Fun Facts
This week we discuss the High Court decision in the appeal of the AMWU v Mondelez. A case that confirms that the entitlement to 10 days personal/carer's leave under the Fair Work Act means 10 days of 7.6 hours for full-time employees and a pro-rata amount for part-time employees. We also talk about our favourite fun facts regarding leave entitlements, which often catch employers out. Need advice on personal/carer's leave, annual leave, long service leave etc. or have feedback on the podcast? Please contact our team at firstname.lastname@example.org.
31 minutes | 7 months ago
Episode #9 | Jobkeeper 2.0 Changes & new Victorian COVID-19 Restrictions
In this episode, we are joined by Alana Giddy, Head of HR for Employment Innovations to talk about the new Stage 4 restrictions in Melbourne and changes to JobKeeper 2.0. We discuss the new rules relating to which businesses can remain open and mandatory requirements regarding worker permits and COVID Safe Plans. We also explore the change in eligibility rules for JobKeeper 2.0 and the fact that the scheme will now cover employees employed on 1 July 2020. Links to the resources mentioned in the podcast: - Permitted Worker Scheme (incl. Template Worker Permit); https://www.business.vic.gov.au/disputes-disasters-and-succession-planning/coronavirus-covid-19/permitted-worker-scheme -Creating a COVID Safe Plan; https://www.business.vic.gov.au/disputes-disasters-and-succession-planning/covid-safe-business/creating-a-covid-safe-workplace - Business Support Fund; https://www.business.vic.gov.au/support-for-your-business/grants-and-assistance/business-support-package/business-support-fund - Financial support for employees; https://www.dhhs.vic.gov.au/covid-19-worker-support-payment - Paid pandemic leave for aged care workers; https://www.eilegal.com.au/blog-news/paid-pandemic-leave-introduced-for-aged-care-workers/ - Employment Innovations' COVID-19 Resources; https://hubs.ly/H0tr1Dy0 Book your free 30 minute 1:1 HR Consultation with an expert from Employment Innovations; https://hubs.ly/H0tr18k0 Need advice on the Stage 4 Restrictions in Melbourne, the changes to JobKeeper 2.0 or have feedback on the podcast? Please contact our team at email@example.com.
41 minutes | 7 months ago
Episode #8 | Sexual Harassment
In this episode, we discuss the law relating to sexual harassment. We take a look at the classic case of Richardson v Oracle which illustrates the steps employers need to take to avoid being "vicariously liable" for the actions of employees who commit sexual harassment. We also examine the recent decision of Hill v Hughes which set a new record in damages awarded in sexual harassment, the appeal of which included the dubious "Mr Darcy" defence. Need advice on Sexual Harassment or have feedback on the podcast? Please contact our team at firstname.lastname@example.org.
35 minutes | 7 months ago
Episode #7 | JobKeeper Payment Scheme Extension
In this episode of the Employment Law Podcast, we unpack the extension of the JobKeeper wage subsidy including changes to the payment structure and eligibility rules. We provide some analysis on the changes to employers' rights and obligations if they are no longer part of the scheme, with a particular emphasis on the ability to stand down employees. We also provide some practical advice on steps employers can take prior to JobKeeper ending. Need advice on your rights and obligations for JobKeeper 2.0 or have feedback on the podcast? Please contact our team at email@example.com.
33 minutes | 8 months ago
Episode #6 | General Protections & Adverse Action [Part 2]
In this episode, we continue our discussion on the general protections in the Fair Work Act 2009. We examine the protection from adverse action taken on discriminatory grounds and look at the exemptions including; where discrimination is taken due to an inherent requirement of the role; and where the conduct is not unlawful under separate State / Territory laws. Need advice on General Protections, Adverse Action or have feedback on the podcast? Please contact our team at firstname.lastname@example.org.
38 minutes | 8 months ago
Episode #5 | General Protections & Adverse Action [Part 1]
This week we discuss the general protection provisions in the Fair Work Act 2009, with a particular focus on the provision that protects employees (and other persons) from adverse action being taken against them because they have exercised a workplace right. We cover what is mean by the phrase "adverse action" and explain common examples of workplace rights (including making a complaint or enquiry into an employee's employment). We also explain the operation of the "reverse onus of proof" and explain the differences between unfair dismissals and general protections claims. Need advice on General Protections, Adverse Action or have feedback on the podcast? Please contact our team at email@example.com.
43 minutes | 8 months ago
Episode #4 | Unfair Dismissal
In this episode of the Employment Law Podcast, we examine the law of unfair dismissal: who it protects; how to avoid it; and what are the penalties of getting things wrong. We also explore classic unfair dismissal concepts as well as looking at some recent Fair Work Commission decisions in this area. Need advice on Unfair Dismissal (as en employer or employee) or have feedback on the podcast? Please contact our team at firstname.lastname@example.org.
25 minutes | 8 months ago
Episode #3 | Employment Law Updates
In this week's episode, we discuss the latest in employment law including the introduction of wage theft legislation in Victoria, the federal minimum wage increase and the possible appeal of the recent decision in Workpac v Rossato concerning casual entitlements & employment. Need employment law advice or have feedback on the podcast? Please contact our team at email@example.com.
33 minutes | 8 months ago
Episode #2 | Independent Contractors
We discuss the legal obligations and risks when businesses engage independent contractors, including the risk that a contractor will be found to be an employee. We examine the factors that a court will take into account when making determining whether a worker is a contractor or employee. We also look into the circumstances in which contractors must be paid superannuation and when businesses must take out workers compensation insurance for contractors. To download our independent contractor vs employee checklist, click https://hubs.ly/H0rLbS10 Need advice on independent contractors or have feedback on the podcast? Please contact us at firstname.lastname@example.org
29 minutes | 9 months ago
Episode #1 | Redundancy
We discuss employers' obligations when making employees redundant. Including the need to follow a redundancy process, obligations in respect of redundancy payments and common legal issues that arise. To download our redundancy checklist click https://hubs.ly/H0rtcsk0 Need tailored advice on redundancy or have feedback on the podcast? Please contact us at email@example.com
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