Changes to Fixed Term Contracts

by Oct 25, 2022Human Resources, View All

Workplace investigations are a vital part of maintaining the integrity and fairness of any organisation. When issues arise, it’s important for businesses to act quickly, ensuring that they address concerns in a transparent and lawful manner. Different types of investigations are needed for different situations, each requiring a tailored approach to ensure fair outcomes for all involved. Below are some of the most common types of workplace investigations and when they should be used.

Misconduct Investigations
Misconduct investigations are necessary when an employee breaches company policies or behaves inappropriately. This might include theft, dishonesty, substance abuse in the workplace, or breaches of confidentiality. Misconduct can also cover actions that damage the company’s reputation or relationships with clients. It’s important to act quickly when dealing with misconduct to maintain workplace standards and protect the business from potential legal liabilities.

Harassment and Bullying Investigations
Investigations into harassment and bullying are crucial when employees report or experience inappropriate behaviour. Whether the issue is sexual harassment, racial harassment, or bullying, businesses have a duty to investigate and take action. These investigations must be handled with care, ensuring that both the complainant and the accused are treated fairly, and that the process remains confidential. Addressing such issues promptly not only protects employee wellbeing but also helps to maintain a respectful workplace culture.

Discrimination Investigations
Discrimination investigations come into play when employees feel they’ve been treated unfairly due to attributes such as race, gender, age, disability, or sexual orientation. These cases can be complex and require careful handling to ensure compliance with anti-discrimination laws in Australia. A thorough investigation is essential to ensure that all claims are properly examined, protecting the organisation from legal action and fostering an inclusive workplace.

Health and Safety Investigations
When a workplace incident or a near-miss occurs, a health and safety investigation is needed. These investigations help to determine whether existing safety measures were followed and if further action is required to prevent future incidents. Compliance with workplace health and safety laws is essential in Australia, and these investigations ensure that businesses fulfil their obligations to protect their employees.

Workplace Culture Investigations
In some cases, broader concerns about workplace culture may require investigation. This can occur when there are ongoing issues affecting morale, such as repeated complaints about management or widespread dissatisfaction among staff. A culture investigation looks at systemic issues within the workplace and seeks to identify patterns that may be harming the work environment. These investigations provide valuable insights for leadership teams to implement lasting positive change.

How AHR Can Assist with Workplace Investigations
Conducting a workplace investigation requires impartiality, expertise, and a thorough understanding of Australian workplace laws. At Assurance HR (AHR), we specialise in handling workplace investigations with a high degree of professionalism and confidentiality. Whether you’re facing allegations of misconduct, bullying, discrimination, or safety breaches, AHR has the expertise to guide your organisation through the investigation process.

Our team works with you to ensure that every step of the investigation is conducted lawfully and fairly. We help gather evidence, interview witnesses, and provide detailed reports on our findings, making sure you have all the information needed to resolve the issue. By choosing AHR, you can focus on your business while we take care of the complexities involved in workplace investigations, ensuring you remain compliant and maintain a positive work environment. Let AHR be your trusted partner in managing workplace investigations with confidence and care.

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Are fixed term contracts negatively impacting job security and wages? This is a current conversation within political discussions and it is likely that we will see changes that impact associated legislation, and ultimately many businesses.

What is a fixed term contract? A fixed term contract is an agreement between an employee and employer, that defines a working relationship that has an agreed termination date, in which it is at the employer’s discretion to renew the contract of employment.

The suspected problem stands within the misuse of the fixed term contract, with suspicion that some employers are using this as a means to create an extended probation period by locking in contracts for only 12, 18 or 24 months. This in turn provides the employer the opportunity to end the employment relationship with no grounds for unfair dismissal. It has been determined by Treasury that the fixed term contract creates uncertain work stability, disempowers the employee, and decreases the opportunity for wage or role progression.

Unfortunately, whilst some are misusing this process, other organisations rely upon the use of these contracts, as the business funding and organizational needs fluctuate in response to external factors. When used correctly, the fixed term contract is meant to increase job and wage security by providing confident and stable work for employees that would otherwise only be offered casual positions.

Reform is likely and this will potentially see limits placed on how many fixed term contracts an employer can offer when there are multiple employees in the same role, with a minimum contract term introduced. Application for special circumstances may be required if wishing to hire beyond the set minimums and terms.

Assurance HR Management will continue to keep you updated, notifying you when further action is initiated surrounding the suggested reform.  If you have any queries or wish to review your current employment contracts, we have a wealth of expertise in this area and can assist you in effectively managing the employee and employer relationship. Contact us today on 1800 577 515 to have a free consultation with one of our HR specialists.

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