Whilst many HR Managers and employers feel they have a firm grip on the relevant legal requirements, it doesn't hurt to have a few useful facts at hand to refresh your memory and/or to guide you through some potentially complex workplace situations.
Support Persons
Unless a workplace policy or other instrument provides otherwise, the obligation to permit an employee to have a support person present in a meeting extends only to circumstances where termination of employment is to be discussed.
Employer Superannuation Contributions
Employers only have to make statutory superannuation contributions up to the maximum superannuation contribution base (unless a contract provides otherwise). The maximum superannuation contribution base is currently (note that it changes annually) $50,810 per quarter, $203,240 per annum.
Redundancy Pay
Businesses with fewer than 15 employees are not required to pay redundancy pay (unless an Award, Enterprise Agreement or an employment agreement says otherwise).
Employer Liability in Discrimination and Sexual Harassment Claims
Employers can avoid liability in relation to discrimination and sexual harassment claims if they can demonstrate that they took reasonable precautions to prevent an offending employee from breaching the obligations.
Notice of Representational Rights
An entire enterprise bargaining process will be set aside if the Notice of Representational Rights issued at the commencement of the process is not entirely compliant.
"Three Warning" Termination
There is usually no legal requirement for employees to be given "three warnings" before the termination of their employment comes about (the exception to this is where a workplace policy or other instrument provides for a "three warnings" process). It is only necessary for an employee to be given a reasonable opportunity to improve the relevant conduct or performance (unless serious misconduct is involved).
If in doubt
There are many lesser-known requirements and obligations when it comes to workplace relations law. There are also many "urban myths". This article has flagged just a few of them. If in doubt as to any workplace relations or HR issue, HR Managers and employers should check their internal documents, including policies and contracts where applicable, and/or seek advice to avoid costly mistakes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Madgwicks is a member of Meritas, one of the world's largest law firm alliances.
