Below are 5 shared Human Resources mistakes that can trip up a small business. Avoiding these mistakes can reduce the risk of disputes, being fined with hefty penalties or already being sued.
1. Poor recruitment practices
already possible employees have access to workplace rights under the Fair Work Act and can sue for negative action. In these instances businesses carry the burden of proof, not the applicant. It’s also a lot easier to use someone than to terminate them so put in the effort upfront and make sure you have a strong recruitment course of action. Understanding employee rights and anti-discrimination laws is the first step in minimising these risks. Developing a Job Description, preparing interview questions, conducting reference checks and making it clear what the expectations are and how you will measure success is also good practice and helps to ensure that you use the right people.
2. Not getting the position of your employees right
Do you need casual, long-lasting part-time, complete-time, fixed term or fixed project employment arrangements or perhaps a Contractor? This too needs to be well understood from the beginning because there are pro’s and con’s associated with all of these. For example, there is no point hiring a casual if you intend on giving them regular, methodic and current employment for more than 12 months. Alternatively, paying someone as a Contractor with an ABN when they are deemed to be an employee can also consequence in fines and penalties. Refer to the applicable Award requirements in the first example and understand your options.
3. Not understanding Award obligations or entitlements
In addition to the National Employment Standards there are currently 122 different Awards that cover most industries and occupations. It is necessary to understand which Award applies to your employees from the get go so you don’t end up having to pay expensive ‘back pay’ to your staff for not paying the correct wages, penalty rates or allowances.
4. Poor record keeping
Like the Australian Taxation Office, the Fair Work Ombudsman can issues fines and penalties to Companies for not keeping accurate employment records. For example you need to issue payslips to your employees and keep time and wage records for at the minimum 7 years.
5. without of consultation and cooperation
The first step to achieving a harmonious workplace is to develop mutual respect by consultation, communication and collaboration. This not only helps to minimise mistakes and disputes but there are also legal requirements to consult with your employees about workplace change, health and safety. An important tip is to keep records of consultation especially when it involves hypothesizedv changes to an employee’s work arrangements, a company restructure, changes to rosters, termination of employment, workplace health and safety matters etc.