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MGMT2030 > Industrial/Employee Relations > Flashcards

Industrial/Employee Relations Flashcards

1
Q

What are the key institutions in the industrial/employee relations?

A
  • Fair Works Commission (Formerly Fair Work)
  • Fair Work Ombudsman
  • Fair Work divisions of the federal court and federal circuit court
  • Other courts e.g. Australian Human Rights Commission
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2
Q

What are the minimum legislative conditions of employment terms known as?

A
  • National Employment Standards
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3
Q

What are the National Employment Standards?

A
  • 38 Hour week
  • Unpaid parental leave
  • flexible work for paretns
  • annual leave
  • personal, carer and compassionate leave
  • Community service leave
  • public holidays
  • fair work info statement
  • notice of termination and redundancy
  • long service leave
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4
Q

What are the conditions of employment terms?

A
  • Minimum Legislative Conditions
  • Award System
  • Agreements
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5
Q

What constitutes employment agreements?

A
  • Enterprise agreements

- Contract of employment

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6
Q

What are the necessary conditions of unfair dismissal?

A
  • minimum employment period (12 months small business/6 months others)
  • employee either
    • covered by award or enterprise agreement
    • ‘award free’ but no high income earner
  • Not a genuine redundancy - but exemption does apply where
    • employee could reasonably have been redeployed
    • breach of consultation requirements in an industrial instrument
  • Other exemptions (expiry of fixed term, demotion etc)
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7
Q

What constitutes a small business?

A
  • { 15 employees
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8
Q

What are the possible remedy’s for unfair dismissal?

A
  • reinstatement with backpay

- if inappropriate, up to six months compensation

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9
Q

What is the procedure for unfair dismissal?

A
  • Application must be lodge with 21 days
  • hearing process
    • conference
    • hearing
    • lawyers only with FWC’s permission
    • limited appeal right s
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10
Q

What is unlawful discrimination?

A
  • Less favourable treatment, on a prohibited ground, in a prescribed area activity (in every stage of the employment relationship and in the provision of goods and services), to which no exemptions or exception applies
  • Variety of prohibited grounds
    • Sex,martial status, pregnancy
    • Gender identity, sexual preference
    • Race, colour, religion
    • Disability
    • Age
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11
Q

What constitutes harassment in regard to the industrial relations framework?

A
  • A form of unlawful discrimination
  • Any form of conduct towards a person that is
    • unwelcome or uninvited
    • based on one of the unlawful reasons and
    • a reasonable person would have anticipated that the behaviour might humiliate, offend or intimidate that person
  • Motive is irrelevent
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12
Q

In regards to the industrial relations framework, what is workplace bullying and what does it not include?

A
  • Repeated and unreasonable behaviour directed towards a person, or group of persons that creates a risk to health and safety
  • i.e. persistent
  • intentional or not
  • Does not include
    • proper performance management
    • Legitimate disciplinary action
    • reasonable supervisory practices
    • allocation of work in accordance with terms
    • interpersonal conflict - differences of opinion
    • single incident
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13
Q

In regards to the industrial relations framework, how can early mistakes be avoided in the recruitment?

A
  • Misrepresenting the role
    • Properly drafted job ads
    • Avoid promises or representations about:
      • conditions
      • promotions
      • job security (Expected longevity of role)
        - Bonuses
  • Conditional employment contracts
    • Ensure offer letter makes it clear if conditions must be satisfied
      • i.e. work visa, health checks, references
    • Termination issues if condition not met
  • Assement on merit
    • Marriage, family, age all potential discriminatory and should be avoided in questioning
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14
Q

In regards to the industrial relations framework, what are the stages of performance management?

A
  • Stage One
    • Prior to performance management
  • Stage Two
    • During performance management
  • Stage three
    • Prior to termination
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15
Q

In regards to the industrial relations framework, what are the key elements of the firs stage of performance management?

A
  • Prior to performance management
    • employee understands what is expected
    • reasonable performance expectation
    • employee has training and support to perform role
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16
Q

In regards to the industrial relations framework, what are the key elements of the second stage of performance management?

A
  • During performance management
    - Who/where/what is the convo? - document
    • follow any policy
    • objective and clear about issues
    • opportunity to respond
    • implement agreed plan
    • employee told of consequences of poor performance
17
Q

In regards to the industrial relations framework, what are the key elements of the third stage of performance management?

A
  • Prior to termination
    • Made clear termination could occur?
    • Consideration given to employee’s issues?
    • Reasonable opportunity to improve given?
    • Does it warrant dismissal?
18
Q

What is the In regards to the industrial relations framework, what is the checklist for termination?

A
  • Compliance with contract
  • Compliance with policies
  • Adverse action/ discrimination issues?
  • Unfair dismissal risk?
  • Misrepresentation?
19
Q

What do the fireworks commission, ombudsman and human rights court actually do?

A
  • Fair Works Commission (Formerly Fair Work)
    • Tribunal
  • Fair Work Ombudsman
    • Regulator/prosecutor
  • Other courts e.g. Australian Human Rights Commission
    • Disability disputes of importance
20
Q

How are awards categorised?

A

Industry or occupational awards

21
Q

What is an example of an agreement, what is there relation to awards and what must be true of them?

A
  • Enterprise agreements between single employer and their workplace
    - typically negotiated on employer by employer basi
    • Awards do not cover employees with enterprise agreements
    • Must pass ‘better off overall test’
      • vs Awards
22
Q

What are agreements and awards as opposed to contracts?

A
  • Agreements & awards are statutory instruments that apply to particular employees
23
Q

What is award covered?

A

Specific occupations that are specified as being ‘award covered’: i.e. Transport Industry Award - all employees in private sector transport industry

24
Q

Who are generally award free?

A

tend to be professionals: HRManagers, Accountants, Lawyers etc

25
Q

What is true of the minimum legislative conditions?

A

Some exceptions to minimum legislative conditions: casual employees e.g. don’t get leave

26
Q

What is true of legitimate redundencys?

A
  • Needs to adhere to rules: downsizing, restructuring
27
Q

What is adverse action/general protection?

A
  • Similar to discrimination - but also incorporate protections for people like union member
28
Q

Why in general is social media an issue?

A

The general rule (principle in employment law) is that an employer can be vicariously liable for the acts or omissions of its employees

29
Q

What are the issues with social media?

A
  • Pushing the boundaries of this principle: private time vs work hours (i.e. online bullying)
  • breach of confidentiality: sharing information online
  • Excessive use during work: productivity
  • Misconduct: employers can track conduct on social media (as it conflicts with work)
  • Reputational issues
30
Q

What is true of the use of social media in pre-employment checks?

A
  • Privacy invasion? No: broadcasted to public

- Don’t need to ask the personal/discriminatory questions: can be found online: still not alowed

31
Q

What are the factors to consider with social media issues?

A
  • ‘Work related’
  • How ‘public’ is the post?
  • What is the nature of the comment
    • damage to business?
    • Damage to relationships?
    • Incomparable with duty as employee?: confidentiality
  • Express terms of contract/policy?
32
Q

How to protect the business in regard to social media?

A
  • Social media policy needs to:
    • Clearly state that it applies both in and out of work
    • Provide for the policy to apply to work/personal devices
    • Expressly provide for monitoring of the employer’s systems
    • Clearly describe acceptable use during work hours
    • Make clear what the expectation are on employees in their own time, and suing their own facilities
    • Deal with representation about the employer
    • Deal with representations about clients, customers and contractors
    • Prohibit bullying, harassment and discrimination
    • Set out the consequences of a breach
33
Q

What other policies should be checked in regards to social media?

A
  • Recruitment policy
  • Discrimination/harrassment policy
  • IT policy
  • Grievance policy
  • Contracts Policy
34
Q

What is important to the recurimtnet policy in regards to social media?

A

Cyber-vetting guidelines

35
Q

What is important to the Discrimination/harrassment policy in regards to social media?

A
  • Update to refer to use of technology including social networking
  • Check that it provides for out of hours conduct connected to the workplace
36
Q

What is important to the IT policy in regards to social media?

A
  • Check that it expressly sets out an ability to monitor

- Check that it does not prohibit disciplinary action with respect to out of hours conduct

37
Q

What is important to the grievance policy in regards to social media?

A

Should cover the right to complain about out of hours social media activities

38
Q

What is important about contracts in regards to social media?

A

Contracts should Include reference to not bringing self or employer into disrepute

39
Q

Social media training should….

A
  • Be carried out at induction

- Be carried out regularly, including for managers

MGMT2030 (9 decks)

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