A REFERENCE POINT to Learn Changes in Law. Issues that Affect your Business. Keeping Employers up-to-date.
$1.6M BACK PAY TO EMPLOYEES
It has been reported that the restaurant business fronted by Neil Perry will Back Pay Employees $1.6 million to reconcile Wages.
In a statement the Rockpool Dining Group said a Review of Annualised Salaries, paid to its’ Employees during the 2017-18 Financial Year, revealed Workers were owed $1.6 million in Wages.
Further, it has been reported that Staff were regularly working 20 to 30 hours of Unpaid Overtime a week.
Earlier this year, the Fair Work Ombudsman (FWO) launched investigations into several high-profile eateries, over claims of Underpayment and Non-Payment of Penalty Rates.
This is a reminder to Employers the importance of ensuring, a Salary must be more than what an Employee would be entitled to if they were being paid by the Hour, claiming all Entitlements like Overtime and Penalties.
1 IN 5 HOURLY PAID WORKERS, DO NOT GET TO WORK ON TIME
A recent report highlights the tardiness of Australia’s hourly paid workforce.
An analysis of over 540,000 shifts from Australian Businesses has uncovered that over 1 in 10 employees (12%) are late to work by an average of 32 minutes. This could have serious repercussions for both the Business and the Employee left to cover for Colleagues.
- The Federal Circuit Court has recently fined an Employer $144,000 for Underpaying Employees and failing to Keep Records.
The Employer argued the breaches were not deliberate, but the Court accepted the Fair Work Ombudsman’s (FWO) claim, that prior non-compliance put them on notice about their Obligations, and therefore they deliberately ignored that Advice.
- The Fair Work Commission (FWC) has awarded an Employee the maximum compensation for Unfair Dismissal, after finding the Employer’s failure to follow its own Disciplinary Process was ‘puzzling’.
It found that while the Employee consistently underperformed, the Employer did not apply any disciplinary process, and this meant the Employee did not properly understand his Employment was in jeopardy.
Do you understand correctly the Terms and Conditions of Employment that your Employees are covered under ie: Registered Agreement/Modern Award?
Do you know:
- In some Modern Awards the Employer must make Superannuation Contributions, for each Employee that earns $350 or more in a calendar month. Does this apply to you?
- Split Shift Allowances are contained in some Modern Awards. Do you understand how to correctly calculate Split Shift Allowance?
- Are you paying Adult Rates if you Employ an Adult Apprentice?
- Annual Leave Loading on Termination. Do you know if your Employees are entitled to Leave Loading on Termination?
- Overtime Rates. Do you understand how to correctly calculate Overtime Rates?
- Juniors Serving Liquor. Are your paying your Junior Staff Adult Rates to Serve Liquor?
- Modern Awards are currently under review and some have been amended. Have you kept up to date with any changes?
Please contact me if you require any Assistance, or wish to check your Processes are Compliant.
TANIA HARRIS | WORKPLACE RELATIONS CONSULTANT
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The material contained in this Newsletter is comment of a general nature only. The effectiveness or accuracy of any professional advice, depends upon particular circumstances of each case. Before acting on the basis of any material contained in this Newsletter, Tania Harris recommends that you seek Advice on your particular circumstances. Tania Harris does not accept responsibility, for any acts or omissions resulting from reliance upon the content of these Newsletters.