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Posts Tagged ‘workplace’

Payments in Lieu of Notice Now Attract a Superannuation Guarantee Charge (SGC)

In this week’s Workplace Bulletin:

  • Payments in lieu of notice now attract a superannuation guarantee charge!
  • Quick Tip of the Week: How to get more information about superannuation
  • Workplace Helpdesk Q and A: Rehiring after a redundancy
  • Workplace Wackies: Essential additions to the workplace vocabulary

Dear Reader,

Spring has sprung! And change is certainly still in the air in the world of employment law.

Here’s a new ruling you may not have known about…

In the past, payments made in lieu of notice did not attract a superannuation guarantee charge (SGC). Now, they do!

What is SGC?

SGC is a quarterly charge that the federal government will impose on you if you fail to contribute sufficient superannuation on behalf of your employees.

The minimum level of superannuation (often known as SGC contributions) is 9% of an employee’s earnings base. (On 1 July 2008, the earnings base was standardised to mean an employee’s “ordinary time earnings” or OTE). The requirement to contribute 9% superannuation only applies to a maximum limit of earnings (in 2009-2010 this limit is $40,170 in a quarter).

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Preparing Your Workplace for Flu Season

In this week’s Workplace Bulletin:

  • How to prepare your workplace for the flu season
  • Quick Tip of the Week: Allow employees adequate time to recover from illness!
  • Workplace Helpdesk Q and A: Changing an employee’s employment status

Dear Reader,

The 2009 flu season is upon us, and given the added threat of the impending swine flu pandemic, it is more important than ever that you take steps to stop the spread of flu in your workplace this year.

It doesn’t have to be difficult!

There are a number of simple things you can do to minimise flu risk in your workplace. These include:

  • Recognising the signs of flu, and, if necessary, requesting that infected employees stay home and/or away from others while they recover.
  • Making sure that employees practice a high standard of hygiene. For example, that they wash their hands thoroughly and frequently, especially after coughing and sneezing, eating and smoking. You may also want to ensure that communal surfaces (for example, break room benches) are disinfected regularly, using appropriate cleaners.
  • Encouraging employees to ensure that they get adequate sleep, nutrition and exercise during flu season. This will set them in good stead to repel and/or recover more quickly from flu-like symptoms.
  • Reminding employees to keep their workspaces clean and to make sure that rubbish doesn’t build up (for example, tissues or food containers).

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SPECIAL BULLETIN: Find Out How the New Redundancy Laws Will Affect You

In this special Workplace Bulletin:

  • Redundancy – Do you know what the new laws will mean for you?
  • 5 things you need to know about the new redundancy laws
  • Find out your new severance payment and notice obligations

Dear Reader,

It’s been all over the news…the global financial crisis is causing Australian businesses to have a good hard look at its workforce and redundancies are on the rise. But did you know that the federal government’s Fair Work Bill will impose new requirements on employers in regards to redundancy and retrenchment from 1 July 2009?

As an employer, you want to ensure that you comply with the law and keep out of court when dealing with redundancy. But did you know that if you retrench an employee next year you might have to pay them as much as 21 weeks’ severance pay? Are you ready to do this?

There are many other things changing as well…

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Facebook in the Workplace

In this week’s Workplace Bulletin:

  • Facebook: Your Friend, or Foe?
  • Quick Tip of the Week: How to implement a social networking website usage policy
  • Workplace Helpdesk Q and A: When can employees use their personal leave?

Dear Reader,

If you haven’t already considered this question, you no doubt will soon. Should you allow access to social networking sites such as Facebook and MySpace in your workplace?

On the one hand, it could potentially cost you dearly in terms of employee productivity. But, on the other, it can be an invaluable networking and e-recruitment tool. So what should you do?

Weigh up the pros and cons and consider what will work best for your business. But make sure you are aware of the legal risks that come with allowing Facebook access in your workplace. For example, you could be held vicariously liable for any bullying, harassment, or discriminatory conduct committed by an employee online. Also, there is a greater potential that confidential information about your business could be leaked online or become vulnerable to hackers.

Quick Tip of the Week: If you decide to allow your employees access to social networking sites, implement a policy regarding their use at your workplace. The policy should clearly spell out relevant examples of confidential information and outline what is acceptable and what is not when it comes to using social networking sites. You should also outline the consequences of breaching the policy. In doing this, you can be sure that your employees will be fully aware of their obligations and the risks posed to your business when they use sites such as Facebook and MySpace.

Workplace Helpdesk: When can employees use their personal leave?
Answered by Charles Power, editor-in-chief, Employment Law Practical Handbook.

Q: When exactly are employees entitled to use their personal leave? For example, are they entitled to personal leave when:

  • They go for a medical check-up?
  • They go for a regular doctor’s appointment?
  • They go for a dental check-up?
  • They undergo an elective surgery?

A: An employee is only entitled to take paid sick leave when they are unfit for work because of a personal illness or injury. Obviously this would apply when someone is recovering from an operation. It would also apply if the employee is consulting a doctor or having a medical procedure during a period of illness or injury. If an employee is not unfit to work, then personal leave is not available.

However, if your organisation has afforded flexibility to employees on this issue in the past, it might be problematic to treat someone differently because they have an impairment that does not render them incapable of work but necessitates frequent doctor’s visits. This less favourable treatment might amount to unlawful discrimination. You would need to implement the change in policy or practice on a universal basis, but show a willingness to be flexible in exceptional cases.

Have you got a short employment law question? Can’t find the answer in your handbook?
Just e-mail your query to helpdesk@workplacehandbook.com.au

Until next time…

Claire Berry
Editor



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