Flourish Employment Blog
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PRE-EMPLOYMENT SCREENING
Employers generally want to ensure that a potential employee is honest, trustworthy and have the right attributes for the role. A prudent employer will also want to ensure that they are not employing someone who may not be the right fit for the business, or who does...
Drug and Alcohol Testing in the Workplace
The implementation of workplace drug and alcohol testing is a sensitive and complex issue. It is not uncommon for employers in certain industries such as mining, transportation and correctional services, to impose mandatory alcohol and illicit drugs testing for all...
Romance in the Workplace
People spend a significant amount of time with each other at work, it is therefore perhaps unsurprising that workplace relationships are common with which many employers need to deal. Most employers are often mortified at the prospect of having to discuss intimate or...
Know Your Rights When Union Officials Knock On Your Door
Union right of entry laws are a cornerstone of our industrial relations system. Unfortunately, many employers can be caught out when a union official tries to visit their premises. It is especially vital for employers to understand their rights and obligations in this...
I DIDN’T MEAN TO RESIGN SO CAN I HAVE MY JOB BACK?
What happens when an employee resigns from their employment and they then advise you they wish to rescind their resignation and continue with their employment. Now, if the employee is an asset to your company you may be feeling quite relieved. However, on the other...
The Boss is Out – Let’s Chat: Mobile Phones in the Workplace
The mobile phone is now ubiquitous and almost everyone has one. Like parents with teenagers, who struggle to engage with their children who are constantly on the phone, how do employers ensure that employees are not placing themselves and the business in danger by...
Are you okay? Supporting Mental Health and Domestic Abuse Survivors at Work?
As many of our readers would be aware, the second Thursday of September in each year, is a national day dedicated to asking family, friends and colleagues the simple question: “Are you okay?”. Given that Thursday 8 September has just gone by, and in light of growing...
Casual Employees: What You Need to Know
For employers, casual employment has a number of distinct advantages. It provides significant flexibility, allowing employers to rapidly adjust staffing levels when required. For employees, casual employment may provide similar opportunities for flexibility through...
We Need to Talk – How to Handle Difficult Conversations in the Workplace
Most people love a chat. However, understandably, most managers and employers often avoid having difficult conversations with their employees because it can be awkward, confrontational and time consuming. Unfortunately, avoiding what needs to be said can grow into a...
All It Takes Is One Good Deed
Often disputes between departing employees and their employer result in a settlement or agreement. Some employers also wish to provide additional benefits to departing employees as a show of goodwill or to ensure the employee leaves in an amicable manner. Should these...
I Want a Holiday, or Maybe I’ll Just Take the Money Instead
It is not uncommon that we receive a query as to whether employers can direct employees to take annual leave. This often arises when the business shuts down usually over the Christmas and New Year season. Conversely, it is not uncommon that we receive a query as to...
Where Did My Money Go – What Happens to Unpaid Employee Entitlements When a Company is Wound Up?
During difficult economic times it is not uncommon for companies to face an array of monetary hardships, and in some cases, be compelled to or voluntarily take steps towards wind up the affairs of the business. Indeed, company directors and business owners have...
Part 2: Dealing with Ill and Injured Employees – Practical Tips
In last week’s client alert we discussed the significant issue for employers of dealing with a long-term ill or injured employee. As was noted in the article, most employers in our experience generally want to do the right thing when it comes to dealing with employees...
Dealing with Ill and Injured Employees: Independent Medical Examinations – Do Employers Have the Right to a Second Opinion?
It might surprise some of our readers but one of the most difficult employment issues for any employer to deal with, is a long term ill or injured employee. There is a significant amount of confusion and lack of understanding regarding the rights of both the employee...
Flexible Working Arrangements – How Flexible Should Employers Be?
Requests by employees for flexible working arrangements have become more and more popular since the introduction of this right as part of the National Employment Standards. Traditionally, such requests were most common amongst working mothers and employees with carer...
Probationary Period v Minimum Employment Period – What’s the Difference?
Do I need to have a probationary period in my contract of employment? What is the difference between a probationary period and the minimum employment period? What does a probationary period actually mean? These are some of the questions we are routinely asked in...
Time to Get Serious – Dismissal for Serious Misconduct!
We are often asked if the conduct of an employee gives rise to sufficiently serious grounds so as to amount to serious misconduct for which the employer can instantly dismiss the employee without notice. The honest answer is that the law does not prescribe a precise...
What is a “Warning” Worth?
There is a common misconception amongst employers that the dismissal of a troublesome employee can only occur once the employer has followed the “three strikes and you’re out” rule – in other words, the employer must give the employee three official warnings before...