Human Resources & Customer Experience Consultant

Had the privilege of working on a recruitment project for a large Organisation to recruit for customer service . You see this organisation had a unique set of expectations coupled with a tight deadline. Achieved and more and proud to say have completed this with a 100% satisfaction rating from my client. Couldn't be happier.

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Tips on SICK LEAVE / EXCESSIVE SICK LEAVE
Many small business act on frustration and anger as business owners are squeezed out of their profitability purely because they need to hire to replace. That’s not withstanding that the person on sick leave, isn’t genuinely ill but there are some who abuse this privilege.

A recent case heard in the Fair Work Commission proved that companies must attempt to understand the staff member and show that they have made attempts to work together. For the purposes of this scenario and to protect the identity the company in question will be referred to as Company X and the staff member as JB.
Case JB was dismissed due to excessive sick leave.

JB was employed as a factory worker and had been working for Company x for three years. In his third year anniversary JB begun to take time off every month resulting to 5 days off every month and sometimes as much as 10 days. JB exhausted his sick leave and had a to result to taking leave without pay.

JB was called to the office and was terminated on the grounds of excessive sick leave.

So what was wrong with this you should ask? You cannot terminate anyone on the grounds of excessive sick leave period unless you have understood what is going on in their personal space. It is in everyones benefit to work on a mutual outcome.

If you need assistance please call Mina 0466246955 and don’t be another statistic like Company X and get it wrong.

Have you got a thorough induction program for your new employee? Don't get caught out terminating prematurely or unfairly. Call Mina at HR2You and we will show you how its done. 0466 246 955

A claim of Discrimination

To protect the identify of the company they will be referred to as XYZ Pty Ltd
In August 2015, the FWO alleges that while the employee was on parental leave, XYZ Pty Ltd rejected her request to return to work with flexible working arrangements and advised her in writing that she could return to full-time duties in April 2016.
In March 2016, the employee fell pregnant for a second time and advised XYZ Pty Ltd that even though her status had changed, it was still her intention to return to work in April.
But the company told her it was extending her unpaid leave until after the birth of her second child, even though it is alleged that the employee told XYZ Pty Ltd she had not requested an extension of unpaid leave. Subsequently, she informed the company that, on advice she had received, she was within her rights to return to work in April 2016, as originally agreed.
Mr Joe Bloggs and XYZ Pty Ltd allegedly denied the existence of any agreement and instead raised allegations of performance issues. They then asked her to obtain a medical certificate as to her fitness to return to work.
It is alleged that after the employee provided a medical certificate in July 2016, she was asked to attend a meeting by XYZ Pty Ltd where she was presented with a resignation letter that XYZ Pty Ltd management had pre-prepared. She was asked to sign it.
It is alleged the Letter of Resignation, which the employee signed, amounted to a constructive dismissal of the employee.
The FWO says the conduct of Mr Joe Bloggs and XYZ Pty Ltd in denying the employee’s lawful right to return to work and constructively dismissing her contravened the National Employment Standards (NES) and the pregnancy discrimination and workplace rights provisions of the Fair Work Act.
Watchdog pursues company
Fair Work Ombudsman Natalie James said the agency initiated proceedings as the allegations were particularly serious.
“Under the Fair Work Act, it is unlawful to discriminate against employees on the grounds of pregnancy, race, colour, s*x, s*xual preference, age, physical or mental disability, marital status, family or carer responsibilities, religion, political opinion, national extraction or social origin.
Under the Fair Work Act employees have a lawful right to return to work following a period of parental leave.
Discriminatory behaviour can include dismissing an employee, threatening to dismiss an employee, reducing an employee's hours, denying training and promotion opportunities or refusing to employ, promote or train an employee.
Penalties sought
The Fair Work Ombudsman is seeking penalties against XYZ Pty Ltd and Mr Rao for alleged contraventions of workplace laws, as well as a Court Order requiring them to pay compensation to the employee for economic and non-economic loss.
Mr Joe Bloggs faces penalties of up to $10,800 per contravention and the company faces penalties of up to $54,000 per contravention.
The FWO has secured penalties against a number of employers for contravening the pregnancy discrimination provisions of the Fair Work Act, including one payment of more than $50,000 against operators of a chain of Victorian discount retail stores.
Are you fully versed in your legal obligations to pregnant employees? The Employment Law Practical Handbook has a whole chapter dedicated to this subject, to ensure you don’t make a potentially costly mistake around this often misunderstood topic.
For instance, when an employee is pregnant, check that you:
• inform the employee of her rights;
• consult the employee about changes to her employment;
• manage the health and safety risks to the employee and the unborn child;
• enable the employee to transfer to a safe job or to take no safe job leave, if necessary;
• allow the employee to take leave for pregnancy-related illness; and
• ensure the employee is free from discrimination.
Any questions call Mina 0466246955

What does your footprint say about your organisation? Do you really and truly understand the journey your customer is making in your organisation? Call Mina to get the true results. 0466246955