Have you just come back from a summer break and feel a little hazy about your obligations as an employer? Don’t worry – we’ve got you covered with our workplace compliance refresher.
From time to time (and especially after 2 weeks of some much-needed rest) employers and employees can misunderstand their rights and obligations at work.
As an employer, it’s important you’re aware of all your responsibilities to your employees and their rights – like employment terms, contracts, leave and wages.
We’ve put together a list of common workplace myths and set the record straight!
Employees earn public holiday penalty rates on both Australia Day (Saturday 26 January) and the substitute day (Monday 28 January) as it falls on a weekend.
In New South Wales, you do not
need to pay employees public holiday penalty rates on both days. You will need to pay employees normal Saturday rates on Australia Day and public holiday rates on the Monday.
You can use the Fair Work Ombudsman’s free penalty rates and allowances calculator
to find out exactly how much you should be paying in wages.
You can send your employees home without pay if there isn’t enough work for them do to.
If you employ full-time or permanent part-time employees, you can’t
send them home without pay just because there’s nothing to do.
If you employ casual staff, you can
send them home if they have completed the minimum number of hours defined under their award.
: You don’t need to give employees pay slips.
You must give all employees pay slips within 1 working day of receiving their pay. Check out our payslip checklist to get you started.
Employees must work for you for 12 months before they can take leave.
Leave starts to accrue as soon as an employee begins work, and they are entitled to take this leave before 12 months of employment.
You must give your employees 3 official warnings before firing them.
You are not legally obliged to give employees 3 warnings before you fire them.
Although there may not be a legal requirement, you may decide to give 3 warnings as part of your internal policies and procedures. If this is the case, make sure you document each warning thoroughly to protect yourself from claims in the future.
Have any other workplace myths you need busted? Call our Workplace Advice Line
on 13 29 59 to have your compliance questions answered.