UK guidance on unrest, over 65’s re-join the Irish workforce, eye-watering penalties in Australia, company social media advice in Canada, and...
Have you heard the latest news???
Welcome to HR Heartbeat, where we give you a rundown of the week's top employment stories around the world.???
From the UK to Australia to Canada, stay on the pulse of current trends impacting your business, plus get up-to-the-minute commentaries on all things HR and legal.??
How do I keep my staff safe during periods of protest, riot, or other unrest?
Following the shocking events in Southport and the recent wave of violent unrest across the UK, business owners understandably have concerns. Mainly how to keep their staff safe, what happens if an employee is involved in the riots, and what happens if work premises are forced to close because of the damage.
Remember, so far as it’s reasonably practical, you have a duty of care to protect your employees from possible harm at work. Here are some key considerations for employers:
If you have concerns, read more guidance here: How to Keep Staff Safe During Protests, Riots or Other Unrest | BrightHR
A case of never-ending sick leave
A woman who had been off sick for 4+ years due to a condition causing insomnia and brain fog has lost her claim for unfair dismissal. Despite her long absence and ongoing health issues, the tribunal found her dismissal was justified and she had no prospect of returning to work.
Her employer had made regular contact offering support, but she stated this hurt her recovery. After her sick pay was cut and her symptoms were deemed inconsistent with incapacity, her employment was terminated. The tribunal ruled that the dismissal was due to her prolonged absence, not her disability.
Employers should maintain clear communication and consistent support for employees on long-term sick leave, while also being prepared to make difficult decisions if there’s no prospect of return.
For more information on this topic, ask our super-fast AI tool Brainbox: ‘Can I dismiss someone on sick leave?’
Caught napping on the job
A police officer who pretended to work from home by holding down a laptop key whilst napping has been found guilty of gross misconduct.
The officer, who resigned from Leicestershire Police, was found to be using “work avoidance tactics” on 30 occasions, leading to half of his working days being lost.
An internal investigation revealed his actions, including keeping his laptop volume high to wake him for calls. The hearing concluded that he would have been dismissed without notice if still employed and placed him on the police barred list.
If you catch an employee napping on the job, it’s important to handle the situation with care…
Monitoring employees when working from home may feel like an overstep but, using a time-keeping app like Blip can be a useful and quick tool for seeing who’s on shift, who’s on a break, and who’s missing in action…
How to deal with workplace bullying
August is Don’t Be a Bully Month, so we’ve gathered tips and best practices for dealing with and stamping out workplace bullying.
It’s important to remember employers have a responsibility to provide for the welfare of their workforce while at work and to ensure that dignity in the workplace for all is promoted.
Workplace bullying can have a serious impact on your employees, your team’s morale, and your retention rates if not dealt with correctly. Here are some tips for dealing with workplace bullying:
Above all, you should foster a supportive work environment, having an employment assistance programme in place can help create a culture where staff wellbeing comes first and toxic traits like workplace bullying are not tolerated.
18 complaints lodged with WRC about remote and flexible working
According to RTé, since the introduction of the ‘Right to Request Remote or Flexible Work’ earlier this year, the Workplace Relations Commission (WRC) has received 18 complaints relating to flexible or remote working.
Under the Work Life Balance Act, employers must consider remote work requests fairly and within reason, with disputes being referred to the WRC if obligations aren’t met.
The code of practice, developed by the WRC, outlines how requests should be made and the necessary timeframes. Employers must balance business needs with employee requests, to ensure a fair process. The European Commission had previously warned Ireland about delays in implementing these new rights, making this a significant step forward.
Employers need to understand and follow this new code of practice for remote and flexible working requests to avoid future disputes.
For more advice on this topic, speak to our team of Ireland-based employment law experts on 1800 303673, or ask our superfast AI tool Bright Brainbox: ‘Who has the right to request remote working?’
The great unretirement
As reported by The Irish Times, people aged 65+ are joining the workforce at the fastest rate of any age group in Ireland. In fact, the number has risen by 11.2% over the past year.
The cost of living and housing crisis has been cited as a reason for this recent spike. And while economic factors play a role, many also choose to stay in or return to the workforce for a sense of purpose and connection.
Employers should embrace the diversity and experience that older workers bring. Adopting policies like flexible working and offering time off for hobbies and volunteering days can be a great way to support this age group back into work if they are returning.
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Eye-watering $15.3 million in penalties
The deliberate exploitation of migrant workers at Sushi Bay outlets around NSW, Darwin, and Canberra have resulted in the Fair Work Ombudsman (FWO) securing a record figure of $15.3 million in penalties.
This penalty overtakes the previous record penalty against CBA and CommSec of $10.3 million from earlier this year.
The vulnerable workers were mostly Korean nationals on student, working holiday, and skilled worker visas. 163 of these workers had been underpaid over $650,000 between 2016 and 2020, and records were falsified to cover up the underpayments.
The Federal Court imposed penalties of:
The owner and sole director as well as Sushi Bay ACT were penalised in 2019 for deliberately underpaying workers. Because of the deliberate, systematic nature of the breaches and conduct displayed in the current proceedings, some of the breaches are deemed ‘serious contraventions’—attracting up to 10 times the maximum penalties that would apply under ordinary circumstances.
Managing payroll can be complex, especially for small business owners. Protect your business from hefty penalties by making sure your business is not at risk of breaching the law and staying on top of your legal obligations. BrightAdvice is available 24/7 to keep Australian small businesses updated on the employment relations landscape.
First time for this provision in court
This case is a rare, first-time opportunity for the FWO to exercise the “responsible franchisor entity” provisions included in the Protecting Vulnerable Workers reforms in court. The reforms are aimed at holding a franchisor responsible for the conduct of its franchisees.
In this instance, the FWO secured penalties of $1.44 million against the franchisor of the brand ‘85 Degrees’, for systematically failing to ensure its franchise network was conducting business compliantly including preventing underpayments at a number of their Sydney franchisee outlets.
The underpaid workers included several young workers and visa holders employed in Sydney in 2019. While 85 Degrees didn’t directly underpay the workers, it is being held legally liable because it should have reasonably known about the underpayment, record-keeping, and pay slip contraventions of its franchisees.
This case, and sizable penalty, is a warning to businesses across Australia that there may be more to your legal obligations than meets the eye.
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Do you have control over your company's social media??
Many businesses rely on social media platforms to enhance their product marketing, recruit top talent, and monetize engagement through content or product promotion.
It's common for employees, with suitable skillsets, to be hired solely to handle social media accounts. They may take on roles like a social media manager or coordinator. But without well-drafted contracts and a straightforward termination process, ownership of social media platforms, creations, and copyrights can become a costly headache for employers.?
If you're wondering how to make sure the ownership of your company's social media presence is never called into question, here are a few things you must make clear to the employee and outline in their contracts:
You need professionally drafted contracts and policies to control your business accounts. Our library of HR and health & safety contracts—BrightBase—protects clients from intellectual property ownership disputes and ensures outgoing employees surrender all company property and have no claim to intellectual property created during employment (e.g., social media accounts).?
Compliance deadline to implement pay equity
Pay equity is a major topic in today's world of work.
The federal Pay Equity Act, which came into effect on August 31, 2021, to help address the gender pay gap in Canada instructs federally regulated businesses with 10 or more employees to develop and implement a Pay Equity Plan by August 31, 2024.
According to the Pay Equity Commission, all federally regulated employers must create and evaluate job classes, determine their predominance, calculate and compare compensation, and post a final plan by September 3, 2024. However, employers should note that the legislated deadline is August 31, 2024.
Whether you're a federally regulated workplace or not, it's best practice to make sure you're compensating your staff fairly for the work they do. Not paying employees fairly can decrease employee morale and productivity. Read our article on equal pay for equal work for more insights on this topic.
B.C. healthcare workers must now disclose immunization status
Effective from July 26, 2024, British Columbia's government requires all healthcare workers in public facilities to disclose their immunization status for COVID-19, influenza, and other critical vaccines related to preventable diseases. This new mandate follows the end of the COVID-19 public health emergency.
Unvaccinated workers may face masking, modified duties, or exclusion from work. Additionally, workers must report vaccination or previous infection status for diseases such as measles, mumps, rubella, hepatitis B, whooping cough, and chickenpox. This data will now be consistently collected through a provincial registry.
For more information about monitoring employee's immunization status in the workplace, ask Bright BrAInbox,
Employees might have a claim for privacy rights under the Charter
In a recent case between the York Region District School Board v. Elementary Teachers' Federation of Ontario, the Supreme Court of Canada ruled that searching an employee's work laptop may be an unreasonable interference with their privacy rights under section 8 of the Canadian Charter of Rights and Freedoms.
Two teachers were disciplined after their principal accessed a document on their personal Gmail accounts using employer-owned computers. The document was keeping a log of other employees.
The teachers' union argued this violated their privacy rights, but a labour arbitrator initially found no breach of privacy.
Section 8 of the Charter protects people from unreasonable searches and seizures, though this is typically used in criminal cases and for employees of public organizations. This case proves that the Charter and Section 8 can apply to civil cases, like employment law disputes.
The Supreme Court said that if the employer has a policy stating that any data stored on employer-issued hardware belongs to the employer, employees might expect less privacy when using an employer's computer. However, employees have a higher expectation of privacy if the employer allows them to use work laptops for personal use.
That's it for today! Come back next time for more HR news so you stay ahead of major employment law changes.
And that’s a wrap. Tune in bi-weekly for more HR headlines in a hurry and make sure you stay ahead of major employment law changes!
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