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WorkSight Newsletter
December 1998

Why businesses need employment policies

Many unfair dismissal actions occur because employers and employees do not know how to deal with disputes in the workplace.

For instance, if an employee is always getting to work at 9.15 am instead of 9.00 am like everyone else, is it fair to dismiss them? If you have never told them that arriving at 9.15 am is unacceptable you should not instantly dismiss them. You must make sure that staff know what you expect of them.

The best way to do this is to have written policies which state (for instance) when staff are expected to arrive at work and how you intend to deal with staff who need to be disciplined.

By setting your policies down it is clear to everyone what you expect. It is then far easier to discipline and, if necessary, sack those employees who are not abiding by those policies.

The Australian Industrial Relations Commission frequently tells employers that if they had written policies which clearly set out the employment conditions of their business and what they expected of their staff they might not have been found to unfairly dismiss staff.

The message is clear - protect yourself! Get policies into place! WorkSight has drafted a series of standard employment policies on issues ranging from absenteeism, stress and meal breaks to staff training, parental leave and sick leave. These can be easily adapted to suit your company.

Contact us now to discuss your company's requirements.

You are responsible for your workplace

Increasingly individual employers are held to be responsible for how their workplace is run. It is now largely up to you to decide if you have an award, a certified agreement or individual employment contracts to set out your employment conditions. You can negotiate directly with your staff over issues such as paying overtime or introducing different hours of work.

While this gives you a lot more freedom you also have the responsibility to understand what your options are. For instance, what are the benefits of a certified agreement over an award, when can you sack a new worker without risking an unfair dismissal claim?

WorkSight understands that you are an expert in your area of business and do not always want to spend hours working out how to make an agreement with your staff or whether you have to pay the latest national pay increase awarded by the Australian Industrial Relations Commission.

This is where WorkSight can help you. Our area of expertise is workplace and industrial relations. We can provide you with the advice and assistance you need, when you need it.

What is unlawful dismissal?

Unfair dismissal refers to the sacking of an employee in a situation which is considered to be harsh, unjust or unreasonable. Unlawful dismissal refers to a series of actions which are always illegal.

It is unlawful to sack an employee because of the employee's:

1. Temporary absence from work because of illness/injury.
2. Membership of a trade union or activity within the union.
3. Non-membership of a trade union.
4. Filing of a complaint against the employer.
5. Race, colour, gender, age, marital status, sexual preference, physical or mental disability, religion, pregnancy, family responsibilities, political opinion, national extraction, social origin.
6. Refusal to negotiate an Australian Workplace Agreement.
7. Representation of other employees.
8. Absence from work during maternity or paternity leave.