BUSINESS MANAGEMENT

Managing Staff in Small Business Lesson FiveBUSINESS MANAGEMENT

MANAGING STAFF IN SMALL BUSINESSRECRUITMENT, SELECTION, EMPLOYMENT ARRANGEMENTS, LEGAL REQUIREMENTS FOR EMPLOYING STAFF

Outline Unfair dismissal

Small Business Fair Dismissal Code

Occupational Health & Safety

Discussion Questions

Termination of Staff

Definitions

Unfair dismissal terminate an employee in a harsh, unjust or unreasonable way.Unlawful dismissal terminate an employee for a prohibited reasonReasons include:Absence due to injury or illnessUnion membershipRace, colourMartial statusDisabilityPregnancyPolitical opinionReligious beliefLEGAL REQUIREMENTS FOR EMPLOYING STAFF

Terminate an employee without the required minimum notice period. Length of period ranges from one to five weeks, depending on length of service and age of employee.- Illegal

These conditions applied under the Workplace Relations Act 1996

Unlawful dismissal

Workplace RelationsThe amendment in 2001 of Workplace Relations Amendment (Termination of Employment) Act saw small businesses with less than 100 employees exempt from the unfair dismissal laws but not the unlawful ones.

The new Fair Work Act 2009 will see this unfair dismissal exemption for small businesses reduced from 100 employees to fifteen employees.

Workplace Relations Fair Work ActFrom 1 July 2009 the employee will be able to claim unfair dismissal if the business employs:less than 15 staff (full-time equivalent staff, excluding irregular casuals), and the employee has worked there for 12 months or more 15 or more staff (full-time equivalent staff, excluding irregular casuals), and the employee has worked there for six months or more

The Australian Industrial Relations Commission (AIRC) can order remedies on behalf of the employee when cases of unfair dismissal have been proven:Reinstatement to the same position or another position no less favourable than the one last held by the employeeRemuneration in lieu of reinstatement. This will only be awarded when reinstatement is impracticableReinstatement and compensation for lost incomeInformation on Fair Work Act can be found on www.fairwork.gov.au

AIRC

Small Business Fair Dismissal FormYou are a owner of a small business and you need to terminate a employee.

Create the situation of why the employee has to be terminated and fill out the Small Business Fair Dismissal Code document via the link below:Small Business Fair Dismissal Code.docxAny information on unfair dismissal or to view the document go to: http://www.fairwork.gov.au/Termination-of-employment/Pages/Small-Business-Fair-Dismissal-code.aspx?role=employees

Small Business Fair Dismissal FormOnce completed go on to Occupational Health & Safety

View the next couple of slides and then go to www.worksafe.vic.gov.au Click on the link information for Small business owners

Identify and fix safety issues

OH&SDiscuss ways a small business can find hazards and what are the legal requirements

Discuss ways that a small business can fix the problems and one avenue that they can use to help them fix the problems.

All employers whether big or small business have legal obligation to ensure working environment is safe and without risks to health.Requirement covers workers, customers, visitors, and members of general publicVictorian WorkCover Authority is manager of Victorias workplace safety system

OCCUPATIONAL HEALTH AND SAFETY

Responsibilities:Help avoid workplace injuriesEnforce Victorias occupational health and safety lawsProvide reasonable priced insurance for employersHelp injured workers back into the workforceManage the workers compensation scheme by ensuring the prompt delivery of appropriate services and adopting prudent financial practices.Information of WorkCover can be found on www.worksafe.vic.gov.auOH&S

Voluntary:Resignation

Retirement

Involuntary:Retrenchment (redundancy)

Dismissal summary dismissal, due process

TERMINATION OF STAFFTERMINATION OF STAFFGive a definition in your own words of the following:

ResignationRetirementRetrenchment (redundancy)Summary DismissalDue process dismissal

ReminderOnce you have completed all the tasks

Submit to me via email: pkelleher@ubermagna.com.au

Review the previous lessons because

Next lesson - SAC