Key Performance Indicators (KPIs) are a common feature of modern business and organisations use KPIs to measure performance and ensure that employees are meeting operational and strategic goals. However, they are often abused by disreputable managers to emotionally dismiss an employee. The phrase ‘moving the goal posts’ is often used to describe setting challenging KPIs, while it is reasonable for an employer to set tough targets to grow the business, it should not be set in a way as to ensure an employee would never meet their targets.
Employees in all industries have the right to a safe working environment, free from discrimination based on age, gender, ethnicity, marital status etc.
It is unlawful for an employer to take adverse action against an employee on the basis of any of these attributes.
It is commonplace for an employee to fall pregnant again while on maternity leave for their first pregnancy. In this case, an employee may request an extension of their maternity leave, depending on how long the original period granted to them was for.
In an age where employers are becoming increasingly cost-focussed in the face of economic stagnation and narrowing profit margins, employees are often made redundant in an attempt to save on wage costs.
In the modern era, having the power to freedom of speech is a hot topic. Free speech is considered the most precious of rights and allows a person to communicate ideas and opinions in the form of speaking, writing or printing but can it be abused?
How do I know whether my employer’s decision to make my position redundant is lawful or genuine redundancy?
Redundancy is a far more complex concept than most people know. Even judges get it wrong. There is no substitute for sound legal advice but here is a start.
As an employee you are entitled to have a support person at a disciplinary meeting. This entitlement also extends to a performance management or investigatory meeting. In fact, the failure by an employer to allow you to have a support person present may result or add weight in a dismissal in relation to that meeting being deemed unfair due to the lack of procedural fairness.
My new employer has retracted my employment offer, after I have resigned from my previous employment. Do I have any legal recourse?
In today’s society, the work force is increasingly transient, and individuals routinely change jobs as well as career paths. Indeed, the Bureau of Labour Statistics reports that on average, an individual will change jobs between 10 and 15 times throughout their working life. In such a climate, it can be difficult navigating the uncertain realm of when to rely on the offer of new employment and resign from previous employment.
You still have extensive rights and responsibilities as an employee, even if you have never signed an employment contract. The terms and conditions of your employment can be found in 4 places:
- The National Employment Standards in the Fair Work Act 2009 (Cth);
- Any applicable industry modern award;
- An employer-specific enterprise bargaining agreement; and/or
- Rights under other pieces of legislation.
In today’s economy, employers constantly strive for higher productivity and efficiency in the workplace. Whilst this is critical to the success of the business, it may often have a detrimental impact on its employees where this push for productivity impinges on the workplace rights of employees.
Your rights as a foreign worker
Foreign workers include seasonal workers, ‘backpackers’ and international students. Foreign workers do not include Australia citizens or permanent residents.
In Australia, foreign workers have the same entitlements to pay and conditions as Australia workers do.
What is whistleblowing?
There is no universally accepted definition of whistleblowing. The term is typically used to describe the conduct of an employee who reveals information about an improper or detrimental act committed by their employer or colleague.
When trying to fill a vacant role it is common for employers to want to present the opportunity in only the most favourable light. Poaching an employee from a competitor with outlandish promises might be tempting. What are the consequences? The potential legal issues in doing so were recently considered by a judge of the Federal Court of Australia in a case raised by McDonald Murholme Solicitors for Ms ‘R’.