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The CEO Institute

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Employee Relations & Regulations Articles

Articles and tools for success that help you prevent the issues related to unfair dismissal and other statutory regulations governing employee relations.



Paid Maternity Leave And Working From Home

Employers must manage their workplace for the period of an employee's maternity leave and welcome her back with supportive and flexible return-to-work policies.


Managing Office Romances

Office romances are almost inevitable - even where management frowns upon them. When people spend most of their waking life in close proximity, romantic connections are bound to occur.


Substance Abuse And The Bottom Line

Uncovering any substance abuse problems in your workplace and dealing with them effectively will have a positive effect on productivity.


Bullying: 8 Tips To Repair The Damage

Most employers are aware of the importance of stopping bullying in the workplace but few have thought about how to repair the damage once a bully is removed or their behaviour changes.


Employee Departure - A Checklist Of Steps

When an employee departs a business, whether it's due to a resignation or termination at the initiative of the employer, there are a number of matters for an employer to "close-off" prior to the actual termination process.


The Hidden Health And Safety Costs Of Casual Employment

In recent years there has been a substantial increase in casual or temporary employment.


Industrial Safety: Everyone Must Play Their Role

You are the director of a company which spends thousands of dollars on developing Occupational Health & Safety (OH&S) policies and procedures.


How Flexible Agreement-Making Can Benefit Your Business Free to view

Employees today are looking for more flexible and supportive workplaces.


Who’s Minding The Baby Now? How WorkChoices Affects Parental Leave Entitlements

Parental leave has never been more critical to working parents than it is today.


Building Safety Into Your Business

Businesses are coming to the realisation that workplace safety is a risk which they cannot afford to ignore.


Sample Policy: Business Conduct

Use this sample business conduct policy when employing.


Beat The Workplace Bully At Their Own Game

It is not good enough for others to say they will stop doing something offensive - they need to act themselves out of bad behaviours.


Parental Leave - There’s No Turning Back

It is not that long ago that the concept of parental leave was virtually unknown. Now however, parental leave is very clearly seen as a right for parents to take time off work to look after a child or make arrangements for a child's welfare.


Goodbye, Good Luck And Thank You For Your Insights

A member of staff is leaving your business. You’ve organised the appropriate departure paperwork, calculated the moneys owed, and retrieved your keys, laptop, mobile, tools of the trade and uniform. The handover of their job responsibilities to another staff member has been successfully completed. Their desk has been vacated. All’s well that ends well. Or is it?


Who's Left Holding The Baby?

Pregnancy discrimination is now one of the most common grounds of complaint to anti-discrimination tribunals. When an employee (or their partner) becomes pregnant, their employer must comply with numerous industrial and discrimination laws.


How To Avoid Being Faced With An Unfair Dismissals Claim

One of the significant factors affecting employer’s exposure to unfair dismissal claims is the confusion that surrounds the mass of rules and jurisdictions that currently exist in Australia’s industrial relations system.


Employment Contracts Explained

Every employment relationship where an employee performs work for a wage, salary or commission is underpinned by a contract of employment. This is a legally enforceable agreement, either oral or written, (or partly written and partly oral), between an employer and an employee that defines the terms and conditions to which both parties must adhere.


The Risks Of Not Controlling Workplace Bullying

Failure to control bullying in the workplace can be costly for a business. In the last 12 months, there has been a disturbing increase in both the number of bullying claims against businesses and the publicity given to such claims.


Avoid Discrimination Issues When Recruiting - Guidelines

Hiring employees can raise a number of potential legal issues for employers and those involved in the recruitment process. Potential risks are inherent in all three basic stages of recruitment: advertising and interviewing, deciding who to employ and making the offer of employment.


Knowing The Boundaries - And Keeping Staff Out Of Trouble

The office was a very social place and the staff enjoyed a laugh. Jokes were told and after work drinks were a regular and enjoyable occurrence. Then it went just a bit too far.


Superannuation - Be Careful With What You Promise Free to view

In any merger or acquisition transaction, it is common for superannuation arrangements to be “glossed over” in the due diligence process. After all, superannuation issues are hardly considered as deal-breakers.


How To Recognise And Handle Workplace Harassment And Bullying Appropriately

Despite initiatives to minimise harassment in the workplace, some employees still engage in harassing conduct, creating an issue for employers. However, it is possible to take action to deal with harassment, provided employers act in a fair manner.


Employee Leave And Holiday Entitlements Explained

This article is a highly valuable and detailed resource for all employers. It looks at numerous types of leave - including compassionate leave, trade union training leave, special leave, leave without pay ...


How To Reduce Your Exposure To Unfair Dismissals Free to view

No employer wants to face an unfair dismissal claim. You may feel that you have a contented team now - but even the best of staff relationships can break down over time.


How Much is Workplace Bullying Costing Your Business?

Workplace bullying can be an issue for all workplaces, irrespective of the size or type of work. Workplace bullying can have a significant impact on the workplace, including increased absenteeism, low staff morale and staff turnover.


Drugs And Alcohol Abuse In The Workplace Free to view

Managing the problem legally and ethically. Drug and alcohol abuse in the workplace can create a range of problems with serious consequences for the business, the employer, the staff member and his/her work associates.


Bullying In The Workplace - The Hidden Costs

Workplace bullying is totally unacceptable behaviour and can be an issue for all workplaces, irrespective of the size or type of work. Bullying, or victimising behaviour, is not just a male domain - it can be instigated by females and males at all levels of employment. There is no obvious bias towards race, gender or disability.


Avoid Dismissal Problems - An Employer's Checklist Free to view

No employer wants to face an unfair dismissal claim. You may feel that you have a contented team now but even the best of staff relationships can break down over time. And if it does go off the rails you can't assume that a simple resolution will be found. Follow the steps in the checklist below and avoid unwanted dismissal problems.


Practical Policies And Procedures Can Save You Money

Policies and procedures should be developed to reflect the culture of the organisation as well as the legal requirements. From a business perspective this means less time wasted, less money spent and better productivity.


Unwelcome Workplace Conduct Could Land You In Court Free to view

If you display unwelcome sexual advances to your staff, treat them with a lack of dignity, courtesy and respect, give less favourable treatment to anyone, or make an employee the subject of victimisation, you could face legal action.


Dismissal Is Made Easier By Being Prepared Free to view

It pays to be prepared for the worst, even in the best of employment relationships. When recruiting staff for your business also be prepared for the changing nature of any relationship and the possibility of dismissal further down the track.


The Changing Face Of Industrial Manslaughter - What Are The Implications For Today’s CEO?

In the past it has been difficult for CEOs to be successfully charged with manslaughter when a death occurs in the workplace. However proposed changes will increase the likelihood of CEOs obtaining a criminal record as this paper outlines.


Unfair Dismissals - Let's Make Them Fair Free to view

The topic of unfair dismissal legislation seems to be mentioned quite often as the Government looks at what it is going to change in its current term. There seems to be a move to relax the legislation for smaller business but is this a good move for business in general?


Recruitment

The aim is to recruit the best person for each job. Removing discrimination and harassment from the recruitment process helps your organisation do this.


Questions To Answer Before Recruiting

What questions do you need to answer during the recruitment process to avoid industrial action later...


Develop Appropriate Selection Criteria

Development of an appropriate selection criteria can avoid industrial relations headaches later on...


Sample Job Description

Consider this 'phantom' job description as a guide to developing job descriptions in your organisation.


Job Description Pro-Forma

Use this template to prepare job descriptions for your organisation.


Advertising Vacancy

In a nutshell...


Person Specification

Use this template as your guideline for the preparation of a person specification.


Interview Procedure

A quick guide for your next recruitment interview.


Referees And References

Use referees and references carefully.


Eight Stages Of An Interview

Do you perform these eight stages?


Recruitment Checklist

Use this handy checklist when next recruiting staff.


Pre-Employment Medical Examinations

What guidelines should you be aware of prior to conducting a pre-employment medical examination?


Induction

What questions may be asked by a new employee, what to do prior to commencement of a new employee...


Terms And Conditions Of Employment

Every employer should aim to achieve a work environment where all employees are treated with respect, encouraged to perform to the best of their ability and valued honestly, without bias, for the work they contribute.


Company Policies, Procedures And Management Decisions

Policies, procedures and decisions must be consistent.


Performance Assessment Free to view

Many organisations now have formal performance appraisal systems under which employees are assessed at regular intervals.


Example Of First Warning Letter

A helpful guide when preparing a first warning letter.


Unsatisfactory Performance Counselling Procedure

If employees are members of a union or an Award governs their employment conditions it is recommended that the following procedure be used when dealing with unsatisfactory employee performance.


Redundancy

Differentiating between compulsory and voluntary redundancy.


Dress Rules

Employers may set standards of dress that are reasonable according to the nature and circumstances of the employment.


Coaching

What is coaching, its purpose, some of the benefits and more...


Counselling

What is counselling and its benefits?


Promotion, Training And Development

If your organisation is to properly benefit from everyone’s skills and abilities it will need a clear, non-discriminatory system, or systems, for how promotion, advancement, training and development opportunities are allocated.


Separation

It is against the law to discriminate against any employee on the basis of any protected attribute when terminating their employment. This doesn’t stop your organisation dismissing people.


Termination of Employment

Use the checklists when an employee terminates their employment.


Verbal Warning - Pro-Forma

When giving an employee a verbal warning it is essential that the meeting be recorded. The following pro-forma will assist in this regard.


Equal Opportunity in Employment

The right to equal opportunity is fundamental in our society. In Australia, federal and state laws promote recognition and acceptance of everyone's right to a 'fair go'.


Preventing Unfair Dismissal Claims

One of the biggest industrial relations problems facing management in this era is the overhanging threat of being accused of unfair and unlawful dismissal. This fear can impede management in the hiring and firing process.


Introduction To Employee Relations Free to view

Every CEO should be aware that if their company's industrial relations is not carefully managed, Industrial Relations Legislation and employee issues may have a negative financial impact on their business.


Do You Know What Industrial Relations Legislation Regulates Your Business?

Industrial relations in Australia is governed by either Federal or State Legislation, or a combination of both.


Do You Know Your Union?

The majority of employers in Australia have employees who are members of a union.


Awards

What is an award, types of awards and more...


Enterprise Agreements

What is an Enterprise Agreement plus more information...


Common Law Contracts

What is a Common Law Contract and other information you need to know...


Which Is Best For My Business - Award, EA, AWA or Common Law Contract, Or A Combination

A large number of companies are tied to an Award or Enterprise Agreement, or a combination of both, by virtue of the type of industry they are in. However, there are a number of companies who have the option of choosing which form of Agreement they should enter into with their employees.


Australian Workplace Agreements

What is an Australian Workplace agreement and more valuable information...