HR Hot Topics

How long should you retain recruitment records?

There is certainly an obligation to keep “employee records” for a period of 7 years under the Fair Work Act 2009. However, the definition of ’employee record’ under the Privacy Act 1988 (as referred to by the Fair Work Act 2009), is for personal information held by an employer in relation to an employee’s employment. In regard to prospective […]

What happens if an employee refuses to provide a medical certificate?

When can you request medical evidence from an employee who is off work due to illness or injury? Under the Fair Work Act employers are entitled to request medical evidence that would satisfy a reasonable person that the sick leave is being taken because of an illness or injury that prevents them from being able […]

This is not what I signed up for! Employers who over promise and under deliver

We are the best employer in the world! Overselling the job and under-delivering is one of the leading causes for employee resignations or checking out within the probationary period. There are a lot of promises made and expectations set throughout the recruitment process on both sides. But it does not take long for an employee […]

When is bullying reasonable management action under the Fair Work Act 2009?

What is “bullying” and “reasonable management action” under the Fair Work Act 2009? “Bullying” is: repeated behaviour; unreasonable behaviour; and behaviour that can cause a risk to health and safety. “Reasonable management action” is: management action; that was reasonable to have been taken; and carried out in a manner that is reasonable. Facts from Case […]

People don’t leave organisations, they leave people

‘People don’t leave organisations, they leave people’ It is a well-known fact amongst HR practitioners that, ‘people don’t leave organisations, they leave people’. Employees usually leave organisations because their needs are not being met. It’s helpful to think of an employment relationship as similar to a marriage. The needs of both parties must be met […]

How many warnings do I have to give during the probation period?

The Fair Work Act is silent on this one. The Act does not specify a set number of warnings or discussions that need to take place with the employee who is within the probation period prior to letting them go. You can let an employee go at anytime within the probation period So technically, you could […]