Latest / She's On The Money / What Are Your Employee Rights?
Transcript
- 0:00Speaker 1: Hello.
- 0:01Speaker 2: My name's Santasha Nabananga Bamblet. I'm a proud yr the Order,
- 0:05Speaker 2: Kernie Whoalbury and a waddery woman. And before we get
- 0:08Speaker 2: started on She's on the Money podcast, I would like
- 0:11Speaker 2: to acknowledge the traditional custodians of the land of which
- 0:14Speaker 2: this podcast is recorded on a wondery country, acknowledging the elders,
- 0:19Speaker 2: the ancestors and the next generation coming through as this
- 0:23Speaker 2: podcast is about connecting, empowering, knowledge sharing and the storytelling
- 0:28Speaker 2: of you to make a difference for today and lasting
- 0:31Speaker 2: impact for tomorrow.
- 0:33Speaker 1: Let's get into it.
- 0:34Speaker 3: She's on the Money, She's on the Money.
- 0:57Speaker 4: Hello, and welcome to She's on the Money, the podcast
- 1:00Speaker 4: for millennials who want financial freedom. My name is Georgia King,
- 1:04Speaker 4: and joining me as she does agent every single Wednesday,
- 1:07Speaker 4: is Miss Victoria Divine V.
- 1:09Speaker 1: How are we Georgia King? I am well what about you?
- 1:12Speaker 4: Yeah, good girl. So today we are going to talk
- 1:15Speaker 4: about employee rights. It is such a common concern in
- 1:18Speaker 4: the community and it can be very overwhelming when you're
- 1:21Speaker 4: in the middle of having your rights breached in the workplace.
- 1:24Speaker 4: But you do have rights, which is what we're going
- 1:26Speaker 4: to talk about today.
- 1:27Speaker 1: It's kind of helpful. Yeah, all right, so this episode
- 1:30Speaker 1: is pretty basic stuff, but there are a lot of
- 1:32Speaker 1: elements to discuss. Let's be honest. We want to get
- 1:34Speaker 1: you thinking about your rights and encourage you to check
- 1:37Speaker 1: out the links that are going to be published with
- 1:38Speaker 1: this episode to do more digging. If any of this
- 1:41Speaker 1: has raised concerns for you about you and your workplace,
- 1:44Speaker 1: which unfortunately, George, I'm seeing it all over TikTok, I'm
- 1:47Speaker 1: seeing it all over Instagram at the moment, people being like,
- 1:50Speaker 1: oh my gosh, my employer doesn't let me xyz and
- 1:52Speaker 1: it's blowing my mind. And I guess this is where
- 1:56Speaker 1: this topic has come from, because I'm just going, well,
- 1:58Speaker 1: people aren't being treated with the respect that they deserve,
- 2:02Speaker 1: and it's not just respect, it's actually just basic human rights,
- 2:06Speaker 1: and too many of us just take it as well.
- 2:07Speaker 1: That's how it works. Like they're the employer, they've got
- 2:09Speaker 1: the power. No sit down, seas like we are going
- 2:12Speaker 1: to school you. At the end of this episode, you
- 2:14Speaker 1: are going to be confident. You are going to be
- 2:15Speaker 1: telling your boss not to treat you like trash. And
- 2:18Speaker 1: if your boss isn't treating you like trash, hopefully you
- 2:20Speaker 1: can learn a few things. So if one of your
- 2:21Speaker 1: mates is like, all right, well my boss is not
- 2:23Speaker 1: being kind, you can be like, all right, sit down,
- 2:25Speaker 1: I got you.
- 2:26Speaker 4: Let me let me talk, let me tell you. Yes exactly,
- 2:29Speaker 4: So we're gonna be talking about industry awards and agreements,
- 2:32Speaker 4: so branuation, oh and s unfair dismissal, the fair work
- 2:35Speaker 4: Tribunal and so much more.
- 2:37Speaker 1: What a dream? You guys heard that list and we're like, wow,
- 2:40Speaker 1: sexy g king tell me more. And honestly, sadly, sometimes
- 2:44Speaker 1: employers are pretty backwards about coming forwards with your rights
- 2:47Speaker 1: and they just don't do things that they are legally
- 2:50Speaker 1: required to. And gee, you and I know that much
- 2:52Speaker 1: of our community are very early on in their employment journey,
- 2:56Speaker 1: so it's really easy to get taken advantage of. Sadly,
- 2:58Speaker 1: did you know that you actually need to be paid
- 3:00Speaker 1: for meetings? And like, did you ever work in retail?
- 3:02Speaker 4: G not retail but hosspone?
- 3:04Speaker 1: Yeah? Did they ever make you come in early? Yeah?
- 3:07Speaker 4: But pizza party? Oh? Sorry, not early, but that was.
- 3:09Speaker 1: After we go to the States. Yeah, yeah, no, you
- 3:12Speaker 1: needed to be paid for that, Nike, If that's a
- 3:14Speaker 1: work meeting. Come in, you want to come in fifteen
- 3:16Speaker 1: minutes early before you shift? Am I being paid?
- 3:19Speaker 4: No?
- 3:19Speaker 1: Well, I guess I don't need to be there there.
- 3:21Speaker 4: Oh I bloody you need some compensation. V. Let's start
- 3:24Speaker 4: with work conditions. There are rules about what employees get
- 3:27Speaker 4: at work, such as what hours they work, how often
- 3:29Speaker 4: they have to take a break, et cetera, et cetera.
- 3:32Speaker 4: Where is all of that stuff actually laid out?
- 3:33Speaker 1: So the rules are in lots of different places, such
- 3:36Speaker 1: as an award or a registered agreement or even your
- 3:39Speaker 1: employment contract, and an employee's minimum titlements are set out
- 3:43Speaker 1: in the National Employment Standards, which is called the NEES
- 3:47Speaker 1: for short, which is a registered agreement and can provide
- 3:49Speaker 1: for other entitlements, but those entitlements can't be less than
- 3:53Speaker 1: what's in the NES. So gee, if you've got an
- 3:55Speaker 1: employement agreement and it says you get one fifteen minute break,
- 3:59Speaker 1: but the NES is you get a half hour break,
- 4:00Speaker 1: you get a half hour break. It doesn't matter what
- 4:02Speaker 1: it says in your employment contract that any s is
- 4:05Speaker 1: the bare minimum. So if I were you and you
- 4:08Speaker 1: feel like maybe your employment contract is a little bit
- 4:10Speaker 1: more snug than it should be. I'd check that because
- 4:13Speaker 1: the reality is that any s is the bare minimum.
- 4:17Speaker 1: If an award covers the employee, the entitlements can't be
- 4:20Speaker 1: overall less than the award that exists. Employment contracts also
- 4:25Speaker 1: can't reduce someone's entitlements under the NES, which is what
- 4:27Speaker 1: I said before. But I've listed it down, so it's
- 4:29Speaker 1: just going to harp on about it, and you can
- 4:31Speaker 1: find employee pay rates or learn more about entitlements. You
- 4:34Speaker 1: can go to fair Work dot gov dot au obviously
- 4:37Speaker 1: g the link is going to be in the show notes.
- 4:39Speaker 4: Obviously. They also have a really good quiz on there
- 4:43Speaker 4: to bed where you can test your knowledge on common
- 4:45Speaker 4: employee entitlements so that like flexible working arrangement, it's it's
- 4:51Speaker 4: not fun. You're gonna love it, no love, You'll get
- 4:53Speaker 4: ten out of.
- 4:53Speaker 1: Ten, thank you. But I also would prefer to just
- 4:56Speaker 1: be treated properly, not have to do a quiz to
- 4:58Speaker 1: see if I know what my right.
- 4:59Speaker 4: Well, if anyone this thing is interested in the quiz,
- 5:01Speaker 4: it's called the Workplace Basics Quiz, and you'll find feedback
- 5:04Speaker 4: and links to helpful resources in there. A lot of fun.
- 5:08Speaker 4: But you mentioned awards earlier I did.
- 5:11Speaker 1: What is not like a first award or a second
- 5:13Speaker 1: award or a best like She's on the Money TITA
- 5:15Speaker 1: Member of the Week, which you clearly own and get
- 5:18Speaker 1: awarded every single week. But essentially, awards are legal documents
- 5:22Speaker 1: that outline the minimum pay rates and conditions for our
- 5:25Speaker 1: type of employment. There are actually heaps of these. There
- 5:28Speaker 1: are more than one hundred different industry or occupation awards
- 5:31Speaker 1: that cover most people who work in Australia. And again
- 5:34Speaker 1: we're going to plug the Fairwork website, but you can
- 5:36Speaker 1: find yours at Fairwork dot gov dot au, forward slash
- 5:38Speaker 1: employment conditions, forward slash Awards. But I wouldn't type that in.
- 5:41Speaker 1: I'd just go fair Work Awards, employment Conditions and like
- 5:45Speaker 1: google it and then it all come up. Yeah, quick hack.
- 5:47Speaker 1: You can actually solve most things by googling it. G
- 5:50Speaker 1: And spoiler alert, I'm probably going to say fair Work
- 5:53Speaker 1: about a million times in this episode because they are
- 5:55Speaker 1: the og for information when it comes to anything pertaining
- 5:58Speaker 1: to your rights at work. So get ready because you're
- 6:01Speaker 1: probably going to get sick of it.
- 6:02Speaker 4: Stunning love it. Let's talk leave entitlements, see annual. That's
- 6:08Speaker 4: all I can think of at the moment, who gets.
- 6:10Speaker 1: Again, we can get care is leave. All employees, except
- 6:13Speaker 1: for casual employees, get paid annual leave, and the entitlement
- 6:17Speaker 1: to annual leave actually comes from the NES. So our
- 6:19Speaker 1: National Employment Standards and Awards, enterprise agreements and other registered
- 6:23Speaker 1: agreements can't offer less than the ANYS, which I've said before,
- 6:27Speaker 1: but they can give you more. So that could be
- 6:28Speaker 1: a nice little spicy bonus. Like if the nes says
- 6:31Speaker 1: for your job that you get four weeks a year
- 6:33Speaker 1: and your boss is like, well, actually we are for five. Well, well, perk,
- 6:36Speaker 1: that's nice. That's different. That's unusual.
- 6:40Speaker 4: How much annual leave does an employee usually get.
- 6:43Speaker 1: So, as a standard for full time and part time employees,
- 6:47Speaker 1: it's four weeks of annual leave per annum based on
- 6:50Speaker 1: your ordinary hours of work, and then shift workers they
- 6:54Speaker 1: might get up to five weeks of annual leave according
- 6:57Speaker 1: to the NYS per year. Obviously, it's going to change,
- 7:00Speaker 1: it's going to be different. And even if your employment
- 7:02Speaker 1: contract says more than that, then great, wham bam, thank
- 7:05Speaker 1: you ma'am. That's very exciting. But if it's less then
- 7:08Speaker 1: it's a no for me.
- 7:09Speaker 4: Okay. There is also a stunning little leave calculator on
- 7:13Speaker 4: our favorite fairwork website as well. If you are a
- 7:17Speaker 4: title too, how does and you'll leave actually accumulation?
- 7:20Speaker 1: Okay, so before I answer that, I also want to
- 7:22Speaker 1: go back to your little calculator because it sounds really sexy.
- 7:24Speaker 1: Love a calculator. But you can also find your leave
- 7:27Speaker 1: entitlements and how much and you'll leave you have on
- 7:30Speaker 1: your pay sleep, so it should always keep track of that,
- 7:32Speaker 1: and it will tell you usually in hours not days.
- 7:35Speaker 1: It might be like, oh, you have four hours of
- 7:37Speaker 1: annual leave and you kind of accrue it that way,
- 7:39Speaker 1: so check that. Then you can cross check it based
- 7:41Speaker 1: on that calculator. I think is probably the best way
- 7:44Speaker 1: to do it. But let's go back to your question
- 7:45Speaker 1: about annual leave and how it accumulates. So and youual
- 7:49Speaker 1: ly accumulates from literally the first day you have of employment,
- 7:52Speaker 1: even if you're in a probation period, so you don't
- 7:54Speaker 1: have to wait to start getting annual leave, and leave
- 7:56Speaker 1: accumulates gradually during the year, and any unused and you'll
- 8:00Speaker 1: leave will and should roll over from year to year,
- 8:03Speaker 1: so your employee can't be like you didn't use it.
- 8:05Speaker 1: G So we're just going to put it in the
- 8:06Speaker 1: bin and start again. Yeap illegal not an option, and
- 8:10Speaker 1: you'll leave accumulates when an employee is on paid leave
- 8:13Speaker 1: as well, So if you're on paid annual leave and
- 8:16Speaker 1: paid sick cares leave, you actually still accumulate and you'll
- 8:20Speaker 1: leave community service leave, including jury duty, which I thought
- 8:23Speaker 1: I was going to have to do. Yeah, I thought
- 8:25Speaker 1: I was going to have to do a few years ago,
- 8:26Speaker 1: and then I got booted off. Your sad story. They
- 8:30Speaker 1: just thought that I would be too emotional about a
- 8:33Speaker 1: child issue. Oh they're not wrong. Would have been, so
- 8:36Speaker 1: it was probably a good yeat. And also if you're
- 8:39Speaker 1: on long service leave, you can accumulate it annually. Doesn't
- 8:42Speaker 1: accumulate though, when you're on unpaid and you'll leave, yeah,
- 8:45Speaker 1: because obviously like you're going into the negative. So that
- 8:48Speaker 1: kind of makes sense to me. Unpaid sick care is leave,
- 8:51Speaker 1: or parental leave or unpaid family and domestic violent sleeve.
- 8:55Speaker 1: So anything that's unpaid usually not accumulating any type of
- 8:58Speaker 1: anual leave. But if you're being paid to be on leave,
- 9:01Speaker 1: then yes, you are accruing. It is the tel D.
- 9:03Speaker 4: It's a good way of thinking of it. Sicklyve. Just
- 9:06Speaker 4: a quick side note here, you're entitled to ten days
- 9:09Speaker 4: or something like that per year out does that rollover
- 9:11Speaker 4: or no?
- 9:13Speaker 1: It usually is just ten a year and it doesn't
- 9:15Speaker 1: add up or roll over, And you also don't get
- 9:17Speaker 1: paid out sick leave when you leave. It's just kind
- 9:20Speaker 1: of a if you're not well and you need to
- 9:22Speaker 1: take some time off, we can do that. Some employers
- 9:25Speaker 1: will be a bit more flexible, and you know, gee,
- 9:27Speaker 1: if you're really sick, they'll be like, just gone sickly
- 9:29Speaker 1: if it's fine, or maybe they'll say, okay, well we
- 9:32Speaker 1: need a doctor's certificate to give you further like it
- 9:35Speaker 1: kind of is negotiable. But that in the NES is
- 9:38Speaker 1: the bare minimum on sick leave. Though, say you work
- 9:42Speaker 1: in retail. I'm a bit jaded here, George, because I
- 9:45Speaker 1: worked in retail for a very long time and I
- 9:47Speaker 1: just feel like the manager I was on a little
- 9:49Speaker 1: bit of a power trip that I didn't understand at
- 9:52Speaker 1: that point in time. But in hindsight, I'm like, whoa
- 9:54Speaker 1: victoria You put up with that ill? Your manager cannot
- 9:59Speaker 1: make you come in If you say, hey, I am
- 10:01Speaker 1: actually unwell, can't come into work today? They can't go, Oh, sorry,
- 10:04Speaker 1: we don't have anyone to cover your shift. George King,
- 10:06Speaker 1: You're gonna have to do it. No, sorry, manage it.
- 10:09Speaker 1: You're a manager, organize it. Yeah. Anyway, people are going
- 10:12Speaker 1: to be really not happy with me in this episode,
- 10:14Speaker 1: but I don't really care.
- 10:15Speaker 4: It's good. It's good VD. It's no secret superannuation is
- 10:19Speaker 4: your favorite topic in the whole wide world.
- 10:23Speaker 1: And wedding planning. That's also very close to my heart
- 10:25Speaker 1: at this point in time.
- 10:26Speaker 4: What to employers owe us when it comes to super Okay, so,
- 10:29Speaker 4: if you're.
- 10:30Speaker 1: An employee, you're typically entitled to compulsory super contributions from
- 10:34Speaker 1: your employer. Obviously there are different ways about it, but essentially,
- 10:37Speaker 1: if you're over the age of eighteen, absolutely everybody gets
- 10:40Speaker 1: paid super. Now, historically that wasn't the case. You had
- 10:43Speaker 1: to meet a minimum criteria of how much you earn
- 10:45Speaker 1: every fortnight to actually accumulate it. But now everyone who
- 10:50Speaker 1: is an adult that is working gets superannuation, which I
- 10:53Speaker 1: think is thriller, is exy, and these super guaranteed contributions
- 10:57Speaker 1: need to be a minimum amount based on your current
- 11:00Speaker 1: super guarantee rate of your ordinary earnings, which is an
- 11:03Speaker 1: absolute mouthful. But essentially, George, that right now is ten
- 11:06Speaker 1: and a half percent. So ten and a half percent
- 11:08Speaker 1: of your ordinary earnings needs to be paid into your
- 11:10Speaker 1: superannuation up to what is called the maximum contribution base. Obviously,
- 11:15Speaker 1: we're going to put in the show notes a link
- 11:17Speaker 1: to the super guarantees rate from the ato's website because
- 11:20Speaker 1: I love that website as well. But at the end
- 11:23Speaker 1: of the day, your super guarantee isn't going to be
- 11:25Speaker 1: less than somebody else's. And if an employer says, oh, gee,
- 11:28Speaker 1: well actually we only pay five percent super, no you don't.
- 11:32Speaker 1: That's not an option, right.
- 11:34Speaker 4: Okay, so you just mentioned some changes there, Va, did
- 11:37Speaker 4: you say this is going to be more.
- 11:39Speaker 1: Oh yes, yeah, going up from here at my love.
- 11:42Speaker 1: So essentially I did touch on it before because I
- 11:45Speaker 1: really like getting ahead of myself. Last year, your super
- 11:48Speaker 1: would have been a minimum of ten percent, and then
- 11:50Speaker 1: this year, as of July twenty twenty two, it went
- 11:52Speaker 1: up to ten and a half percent, and it's going
- 11:54Speaker 1: to keep going up. I said before that my favorite
- 11:56Speaker 1: thing about superannuation was that now everybody has access to it.
- 12:01Speaker 1: Prior to July first, twenty twenty two, you needed to
- 12:04Speaker 1: be paid more than four hundred and fifty dollars in
- 12:06Speaker 1: a month in addition to meeting all other eligibility criteria
- 12:10Speaker 1: to be eligible for Super. And now that has changed.
- 12:13Speaker 1: But the super guarantee or the SG, which you might
- 12:15Speaker 1: say on your pay sleep, I've had a few messages
- 12:17Speaker 1: from that. She's on the money community asking me what
- 12:20Speaker 1: SG on their pace slips is. It's super guarantee. It's
- 12:23Speaker 1: your superannuation. But essentially our super guarantee schedule is going
- 12:27Speaker 1: up and it's going to progressively increase each year by
- 12:30Speaker 1: point five percent to get to twelve percent by July
- 12:33Speaker 1: twenty twenty five, which I think is very very sexy.
- 12:35Speaker 4: That is lovely. That's nice, very nice.
- 12:38Speaker 1: If I'm being honest, it's still not enough for women
- 12:40Speaker 1: to retire comfortably. But that's another conversation we can have
- 12:43Speaker 1: another day, Georg.
- 12:44Speaker 4: Key, Sure we will, so B when doesn't my employer
- 12:47Speaker 4: have to make super contributions?
- 12:49Speaker 1: So if they're not your employer, So if you're like
- 12:51Speaker 1: a freelancer and you do your tax return by you know,
- 12:54Speaker 1: being a sole trader or a company, then it's actually
- 12:57Speaker 1: up to you to pay your own superannuation. That should
- 13:00Speaker 1: be built into your hourly rate, which is why freelancers
- 13:03Speaker 1: usually get paid more than a per hour employee generally.
- 13:07Speaker 1: But I looked on the ATO website and they also
- 13:09Speaker 1: do not have to pay you superannuation contributions. If you're
- 13:12Speaker 1: paid to do work of a private or domestic nature
- 13:14Speaker 1: for thirty hours or less each week.
- 13:16Speaker 4: What does that mean?
- 13:17Speaker 1: I don't know. It was on the ATO website. G King.
- 13:20Speaker 1: If you're a non Australian resident and you're paid to
- 13:23Speaker 1: do work outside Australia, which you're not an Australian resident,
- 13:27Speaker 1: and you're working overseas, why would I just I was like, okay,
- 13:30Speaker 1: mister Ato. The next is an Australian resident paid by
- 13:34Speaker 1: a non resident employer for work done outside of Australia.
- 13:38Speaker 1: I just you know, it's yeah, straight over my head
- 13:41Speaker 1: to Gking. If you're a senior foreign executive on a
- 13:45Speaker 1: certain class of visa sure, or you're temporarily working in
- 13:49Speaker 1: Australia for an overseas employer and are covered by the
- 13:52Speaker 1: superannuation provisions of a bi lateral social security agreement. So
- 13:57Speaker 1: you know what all of that is actually telling me
- 13:59Speaker 1: is no, nine point nine five percent of the time
- 14:02Speaker 1: your employer should be paying your super unless you really
- 14:05Speaker 1: resonated with any of those things that made no sense
- 14:07Speaker 1: to us.
- 14:09Speaker 4: Perfect. There's also a tool VD to work out if
- 14:13Speaker 4: you are eligible for Super Guarantee contributions on the ATO website.
- 14:16Speaker 1: It's way easier than that least I just read out,
- 14:19Speaker 1: So probably go try.
- 14:20Speaker 4: That, and it's going to be in the show notes.
- 14:22Speaker 4: Guys are to it. What do I do if I
- 14:25Speaker 4: found out my employer hasn't been paying my super riot brier.
- 14:29Speaker 1: Yeah, you start a riot, k No, But literally what
- 14:32Speaker 1: you're going to do is always check your superbalance. So
- 14:35Speaker 1: let's step back a little bit. We're not worried about
- 14:37Speaker 1: people who aren't paying SUPER yet, I actually am worried
- 14:40Speaker 1: that you're not keeping track of your super. Your super
- 14:43Speaker 1: is your money. As of this year, it is ten
- 14:46Speaker 1: point five percent of your savings. Most of us aren't
- 14:49Speaker 1: actually able to save that in our normal day to
- 14:53Speaker 1: day life, but you're currently investing that. That's really important.
- 14:57Speaker 1: Care about it. Superannuation can paid on different basises, so
- 15:02Speaker 1: your employer might choose to pay it monthly, but it
- 15:04Speaker 1: does need to be paid at a minimum quarterly. So
- 15:07Speaker 1: for example, I pay our superannuation every single quarter because
- 15:11Speaker 1: it's easier to just do it in a bulk lot, right,
- 15:13Speaker 1: So it's not hard for your employer to do it either.
- 15:16Speaker 1: G It's actually just as easy as paying a bill
- 15:19Speaker 1: on be pay. So if they're saying it's complicated, it
- 15:21Speaker 1: is not. I will school them. But essentially, what I
- 15:25Speaker 1: want to do before telling you what to do if
- 15:27Speaker 1: they're not paying you super is actually just be across it.
- 15:30Speaker 1: So many of us do not log into our super accounts.
- 15:32Speaker 1: We either don't know how much we have, or we go, oh,
- 15:35Speaker 1: it's probably about you know, twenty grand or thirty grand,
- 15:37Speaker 1: but we're not actually paying any attention to whether the
- 15:40Speaker 1: contributions are being made, Are they being invested, Are they
- 15:43Speaker 1: being invested in line with my values? Am I happy
- 15:46Speaker 1: with the risk profile that has been chosen on my
- 15:48Speaker 1: super account? Do I have more than one super account?
- 15:51Speaker 1: Am I paying double fees? These are all questions that
- 15:53Speaker 1: you need to ask yourself. And then furthering that, if
- 15:56Speaker 1: you go and look, my friend and find that your
- 15:58Speaker 1: employer has not been paying you super, gee, that's when
- 16:01Speaker 1: we riot okay. But also we are going to start
- 16:04Speaker 1: by having a conversation. We're gonna ask how they're paying
- 16:07Speaker 1: Super when they're paying Super, or even if they're aware
- 16:09Speaker 1: that they are legally required to pay Super, and go, hey,
- 16:12Speaker 1: guys like, I don't know if you know this, but like,
- 16:14Speaker 1: my super's not showing up. I feel like, Gee, in
- 16:17Speaker 1: these circumstances, it's easier to feign a little bit of
- 16:20Speaker 1: ignorance and go, oh my gosh, Gee, I don't really
- 16:23Speaker 1: know how my Super account works. But the other day
- 16:25Speaker 1: I logged in and I realized, like, none of my
- 16:27Speaker 1: contributions are going there. Could you just check what account
- 16:30Speaker 1: they're going through? Maybe I've given you an old account
- 16:32Speaker 1: that I've forgotten about, and I know that that we
- 16:35Speaker 1: shouldn't have to do that, And I'm not saying that
- 16:37Speaker 1: that's quoite the best way to do it, but you know,
- 16:40Speaker 1: knowing that she's on the money community, knowing me, knowing you,
- 16:42Speaker 1: that's an easier in to go you're not paying my Super.
- 16:46Speaker 1: Because it's also a very hard conversation to turn around
- 16:49Speaker 1: and be like, gee, you're not paying me, Like that's
- 16:52Speaker 1: messed up. So for me, let's find an easier way
- 16:55Speaker 1: to start that conversation of like, oh, what account is
- 16:58Speaker 1: it going into? And that my prompt them to scramble
- 17:01Speaker 1: and actually pay it and be like, oh my gosh,
- 17:03Speaker 1: our accounts the department messed up and they totally forgotten.
- 17:05Speaker 1: It's definitely somebody else's fault, not mine. But gee, I
- 17:07Speaker 1: looked after you and I fixed it when bam, Thank you, ma'am.
- 17:10Speaker 1: I'll just keep track of that because that isn't on.
- 17:12Speaker 1: But at least you're in the best possible circumstance. But two,
- 17:16Speaker 1: really understanding your rights there, nobody cannot pay your super.
- 17:20Speaker 1: If somebody is not paying you super, you can report it.
- 17:23Speaker 1: If they haven't paid you super, they actually owe you
- 17:25Speaker 1: interest on that money. So if they haven't paid you,
- 17:28Speaker 1: they actually owe you more than what the superannuation they
- 17:32Speaker 1: missed was. So say last year, g I didn't pay
- 17:35Speaker 1: your super five hundred bucks and the share market has
- 17:37Speaker 1: performed at seven percent, Well great, they also owe me
- 17:41Speaker 1: seven percent on the five hundred dollars that wasn't invested,
- 17:43Speaker 1: because it's not just the money I'm missing, it's the
- 17:45Speaker 1: potential returns for my future retirement. So that is actually
- 17:49Speaker 1: really big. And if you do report it to the ATO,
- 17:52Speaker 1: they can be fined in addition to that. So it's
- 17:54Speaker 1: very very bad, And to be honest, people go to
- 17:56Speaker 1: jail for not paying Super. It's not just a oh sorry,
- 18:00Speaker 1: I forgot it was a mix up. It's an actual offense. Yep,
- 18:02Speaker 1: you could go to the Slammer. So if you've talked
- 18:05Speaker 1: to your employer and that hasn't solved the problem, which
- 18:07Speaker 1: is really sad because his spicy insight into Victoria's life,
- 18:10Speaker 1: I have had a few messages recently from people in
- 18:14Speaker 1: my community, my local community, saying, ah, my employer hasn't
- 18:18Speaker 1: paid me Super. The next step is to actually lodge
- 18:21Speaker 1: a claim and report them to the ATO via their
- 18:24Speaker 1: online platform. So if you just google, obviously we're going
- 18:27Speaker 1: to put the link to the ATO website in the
- 18:29Speaker 1: show notes. But if you just google ATO report no
- 18:32Speaker 1: pay Superannuation, it will actually just come up immediately and
- 18:36Speaker 1: you can go through that. It is super easy, and
- 18:39Speaker 1: you'll let the ATO know about your unpaid Super, your
- 18:42Speaker 1: late Super payments or incorrect payments to the wrong fund,
- 18:46Speaker 1: and the ATO will investigate it on your behalf. They
- 18:48Speaker 1: take that stuff super seriously. Like it's very easy to report,
- 18:53Speaker 1: won't cost you anything, And to be honest, all you
- 18:55Speaker 1: have to do is say I haven't been paid super
- 18:57Speaker 1: Because the ATO has access to all your data, they can.
- 19:00Speaker 4: Check right, And so that is worth doing because you
- 19:03Speaker 4: know a lot of the time people are like, uh, swim,
- 19:05Speaker 4: but it's not going a couple of years ago.
- 19:08Speaker 1: No, No, that's your money, that's your real gem. And
- 19:11Speaker 1: also like taking it a little bit of a step further.
- 19:14Speaker 1: G sorry, if they've done that to you, they're doing
- 19:17Speaker 1: it to other people. I know you might go, oh,
- 19:19Speaker 1: it was only five hundred bucks, it was a couple
- 19:20Speaker 1: of years. Oh, I can't be bothered. Great, you know
- 19:23Speaker 1: better now, But those poor people that are currently working
- 19:26Speaker 1: for that employer are probably being treated in exactly the
- 19:29Speaker 1: same way. And to be honest, I think, you know,
- 19:32Speaker 1: in a kind of community way, we have an obligation
- 19:35Speaker 1: to look after other people, and that's one of those obligations.
- 19:38Speaker 1: Like I know you don't care about the five hundred bucks,
- 19:40Speaker 1: but to me, it's principle. It's making sure that the
- 19:43Speaker 1: future of that company is treated as well as you should.
- 19:46Speaker 4: Have been perfect, and I would care about the five
- 19:49Speaker 4: hundred bucks. The on that note, let's put a little
- 19:51Speaker 4: plug in it. But on the other side, we are
- 19:53Speaker 4: going to be covering off some sad stats grass yourself
- 19:56Speaker 4: and also talking about all things oh and S. So
- 19:59Speaker 4: don't go anywhere.
- 20:04Speaker 2: V.
- 20:04Speaker 4: Let's dive straight back in and talk about oh and S.
- 20:09Speaker 1: I heard sad Stashtale has come to the table. Here
- 20:12Speaker 1: she is.
- 20:13Speaker 4: It's good to be here.
- 20:15Speaker 1: So okay, be dramatic about it.
- 20:17Speaker 4: Did you know, No, we'll just be normal. Did you
- 20:20Speaker 4: know VD an Australian worker is seriously injured every two
- 20:24Speaker 4: to three minutes.
- 20:25Speaker 1: Really in twenty twenty two.
- 20:28Speaker 4: That is wild.
- 20:29Speaker 1: That's wild. I thought you were going to say, like
- 20:31Speaker 1: in nineteen twenty four. No, say no, it's twenty twenty two.
- 20:36Speaker 1: That's really sad.
- 20:37Speaker 4: Wait for it more sad stats to come. Tragically, one
- 20:40Speaker 4: hundred and ninety four people were fatally injured at work
- 20:43Speaker 4: in twenty twenty.
- 20:44Speaker 1: That's like a lot of people. I would really love
- 20:47Speaker 1: to see the stats George of like what types of
- 20:50Speaker 1: roles they're in, because that's wild.
- 20:53Speaker 4: Me too.
- 20:53Speaker 1: I'm sure they're not just walking into a podcast studio though.
- 20:56Speaker 4: And have thought so. Ninety six percent of worker fatalities
- 20:59Speaker 4: into twenty twenty were male.
- 21:01Speaker 1: I'm not surprised by that, to be honest. Well, that speaks,
- 21:04Speaker 1: you would just speaks transtruction traits.
- 21:07Speaker 4: Yeah. There were a total of one hundred and twenty thousand,
- 21:09Speaker 4: three hundred and fifty five serious workers compensation claims in
- 21:13Speaker 4: Australia in twenty nineteen to twenty twenty. This was an
- 21:17Speaker 4: increase from one hundred and fourteen thousand, four hundred and
- 21:19Speaker 4: thirty five claims in twenty eighteen to twenty nineteen. So
- 21:24Speaker 4: that's bloody massive.
- 21:25Speaker 1: Yeah, that's a lot.
- 21:26Speaker 4: And finally, the body stressing was the leading cause of
- 21:30Speaker 4: serious worker is compensation claims in twenty nineteen to twenty twenty,
- 21:33Speaker 4: accounting for thirty seven percent of all serious claims. Those
- 21:37Speaker 4: are sad, sad stats, Gal, really sad stats. I feel
- 21:41Speaker 4: like they're need to boody roll out more of those.
- 21:43Speaker 4: Work Work's safe at V. Let's talk more about OH
- 21:47Speaker 4: and S. What is it, how is it laid out?
- 21:49Speaker 4: And who enforces it? All?
- 21:50Speaker 2: Right?
- 21:50Speaker 1: So ohn S stands for Occupational Health and Safety and
- 21:53Speaker 1: the Occupational Health and Safety Act of two thousand and
- 21:56Speaker 1: four or just standard. Let's pretend we work in HR
- 21:59Speaker 1: for a second. The Act g yeah, is the main
- 22:02Speaker 1: workplace health and safety law in Australia. It sets out
- 22:06Speaker 1: key principles, duties, and rights all about h ands. Surprise,
- 22:09Speaker 1: but you didn't see that coming.
- 22:11Speaker 4: Makes sense.
- 22:11Speaker 1: It exists to protect the health, safety and welfare of
- 22:14Speaker 1: employees and other people at work. It aims to ensure
- 22:18Speaker 1: that the health and safety of the public is not
- 22:20Speaker 1: put at risk by work activities, which kind of just
- 22:22Speaker 1: makes sense. But given the stats you gave, clearly not
- 22:26Speaker 1: enough people are taking this seriously. Now, depending on your state,
- 22:29Speaker 1: you'll either have work safe or safe work. Well, that
- 22:33Speaker 1: just probably got a bit confused and then like really
- 22:35Speaker 1: stuck to their guns. It's safe work. Just a little
- 22:38Speaker 1: marketing mistake there, but it is their job to protect
- 22:41Speaker 1: the health, safety and welfare of employees and other people
- 22:44Speaker 1: at work. It also aims to ensure that the health
- 22:46Speaker 1: and safety of the public is not put at risk
- 22:49Speaker 1: by work activities. So I feel like that just makes sense.
- 22:52Speaker 1: But they will also Safe work or work Safe or
- 22:54Speaker 1: whoever you think you are, will monitor and enforce compliance
- 22:57Speaker 1: with the OH and S Act and regulations. They will
- 23:00Speaker 1: make recommendations to the Minister about the OH and S Act,
- 23:03Speaker 1: regulations and compliance codes. Their job is to promote public
- 23:07Speaker 1: awareness and discussion about occupational health safety and welfare issues.
- 23:10Speaker 1: And their job is also to publish OH and S statistics,
- 23:14Speaker 1: so maybe they're more legit stat scales than you are.
- 23:16Speaker 4: WHOA.
- 23:17Speaker 1: So you report incidents and make claims for injuries at
- 23:20Speaker 1: work through work safe or safe work. The guys in
- 23:23Speaker 1: New South Wales really just committed to it work safe none, no, no,
- 23:26Speaker 1: it's safe work, safe work. They're doing a parma parme.
- 23:31Speaker 1: It's clearly a parmer. I'm not a year to argue
- 23:34Speaker 1: with you. But if we got on the pod with
- 23:36Speaker 1: some people from New South Wales, they'd say pame. You
- 23:40Speaker 1: know what.
- 23:40Speaker 4: We counsel them v on that light note. Let's now
- 23:44Speaker 4: talk about discrimination. What's going on there.
- 23:46Speaker 1: It's not when somebody thinks it's a parmi and you
- 23:49Speaker 1: don't like them. But under the Fair Work Act of
- 23:52Speaker 1: two thousand and nine, it is unlawful for a workplace
- 23:54Speaker 1: to discriminate against full time, part time and casual employees,
- 23:58Speaker 1: probationary employees, apprentices, trainees and individuals employed for fixed periods
- 24:03Speaker 1: of time or task based on the following arguably anybody,
- 24:06Speaker 1: but based on race, color, sex, sexual orientation, age, physical
- 24:10Speaker 1: and mental disability, marital status, family or care as responsibilities, pregnancy, religion,
- 24:15Speaker 1: political opinion, national extraction, or social origin. And it is
- 24:18Speaker 1: unlawful to refuse to hire a prospective employee based on
- 24:21Speaker 1: one of the attributes that I just listed off really quickly.
- 24:25Speaker 1: Where an investigation finds that the employer has or had
- 24:28Speaker 1: discriminatory practices that are linked to adverse actions for employees
- 24:33Speaker 1: or prospective employees, the fair work ombanesman might take enforcement action,
- 24:38Speaker 1: which I think is very fair.
- 24:40Speaker 4: Okay, what do you mean by adverse action though?
- 24:44Speaker 1: Be okay? So adverse action taken by an employer includes
- 24:48Speaker 1: doing things, or threatening, or organizing any of the following
- 24:51Speaker 1: I've written a list, so sit down for this one.
- 24:53Speaker 1: Dismissing an employee, injuring an employee in their employment, altering
- 24:57Speaker 1: an employee's position to their detro, discriminating between one employee
- 25:02Speaker 1: and other employees, refusing to employ a prospective employee, or
- 25:07Speaker 1: discriminating against a prospective employee on the terms and conditions
- 25:10Speaker 1: in the offer of employment. So it's lengthy.
- 25:14Speaker 4: Is bullying, harassment and sexual harassment unlawful? As well?
- 25:19Speaker 1: Is Georgia King. Bullying and harassment, including sexual harassment, are
- 25:23Speaker 1: serious concerns for literally any workplace. And if bullying or
- 25:26Speaker 1: harassment is linked to one of the attributes that I
- 25:29Speaker 1: listed just before, so for example, like race, or sex
- 25:32Speaker 1: or religion, then it may be unlawful discrimination and the
- 25:36Speaker 1: Fair Work gobordsman has the power to deal with the
- 25:38Speaker 1: discrimination complaints. So when I say that they could literally
- 25:42Speaker 1: take you to court. It's not little and they're like, oh,
- 25:45Speaker 1: wrap over the nungles. We gave you this sign that
- 25:47Speaker 1: said you were naughty. No, it's like legally enforceable, and
- 25:51Speaker 1: sexual harassment at work can be a form of serious
- 25:54Speaker 1: misconduct and can also be a valid reason for dismissal
- 25:57Speaker 1: under the Fair Work Act. So the Fair Work Commission
- 26:00Speaker 1: or the FWC also has the power to issue orders
- 26:03Speaker 1: to stop sexual harassment or bullying in the workplace. Obviously
- 26:06Speaker 1: we are going to link that one in the show
- 26:08Speaker 1: notes as well, but that is FWC dot gov dot
- 26:11Speaker 1: au for more infogking. Obviously, if we're talking about this,
- 26:14Speaker 1: this is really serious. But I feel like so many
- 26:17Speaker 1: times we don't value ourselves in a way that we
- 26:21Speaker 1: should when we're going through circumstances like this. But if
- 26:24Speaker 1: this is happening to you or someone that you know,
- 26:26Speaker 1: you can actually go to the Fair Work obordsman work
- 26:29Speaker 1: safe or safe work or whatever the hell you're calling them,
- 26:31Speaker 1: or more importantly, g if you're being bullied and harassed
- 26:34Speaker 1: and your safety is at risk, you can go to
- 26:37Speaker 1: the police. Like, this is not a small thing, even
- 26:39Speaker 1: if it's happening in your workplace and you are being
- 26:42Speaker 1: paid to be there. If your safety is at risk,
- 26:45Speaker 1: I would literally march down to the police station. Because
- 26:48Speaker 1: I don't think enough of us take this really seriously.
- 26:51Speaker 1: It is a really serious issue. It needs to be
- 26:53Speaker 1: taken as such.
- 26:54Speaker 4: Would you say the first step before any of those
- 26:57Speaker 4: steps would be going to HR.
- 26:58Speaker 1: Or just just hand condition And it really depends on
- 27:01Speaker 1: who it is as well. Let's be honest, like, if
- 27:04Speaker 1: you know, we're in a big organization and it's a
- 27:07Speaker 1: big corporate and they have a HR department, obviously going
- 27:10Speaker 1: to the HR department would be my port of call.
- 27:12Speaker 1: To be honest, I'd probably go to my manager first
- 27:15Speaker 1: and talk about it if it's a colleague, But if
- 27:16Speaker 1: it's my manager, I'd go to HR and go from there.
- 27:19Speaker 1: But I think one of the things that we need
- 27:22Speaker 1: to be super aware of. You know, this isn't a
- 27:25Speaker 1: nice thing to say but organizations don't hire HR to
- 27:30Speaker 1: look after you Georgia, like your employer didn't hire HR
- 27:33Speaker 1: to make sure that Georgia King is protected. They hired
- 27:36Speaker 1: HR to make sure that the business is protected. And
- 27:39Speaker 1: as much as we go and HR are delightful, people
- 27:42Speaker 1: like some of my best friends work in HR, it's
- 27:44Speaker 1: not a problem. But they're hired by the organization to
- 27:47Speaker 1: protect the organization from any issues that arise, and that
- 27:50Speaker 1: means obviously supporting people through claims to make sure that
- 27:53Speaker 1: there's no ulterior outcome for the business. But if something's
- 27:57Speaker 1: happening and HR aren't doing their job, not just drop it.
- 28:01Speaker 1: It's go to fair work. It's take it further because
- 28:04Speaker 1: if they're dismissive of you or not treating you in
- 28:06Speaker 1: the way that you deserve one, I'm sometimes not surprised,
- 28:10Speaker 1: and I really shouldn't be, because you know that's the
- 28:13Speaker 1: way it works. But fair work exists for a reason,
- 28:15Speaker 1: and that's because the business is going to protect the
- 28:18Speaker 1: business at the end of the day. J So going
- 28:20Speaker 1: to fair work is something that I don't think we
- 28:22Speaker 1: should be as scared of as possible. And on that note,
- 28:25Speaker 1: Georgia King taking notes is massive one thing that is
- 28:29Speaker 1: going to you know, pay dividends if you're in a
- 28:32Speaker 1: circumstance where you're being bullied or going through some kind
- 28:36Speaker 1: of workplace harassment is journaling and keeping tabs on literally everything.
- 28:41Speaker 1: One of the best ways I have seen to do
- 28:43Speaker 1: this is actually just send yourself an email. Not from
- 28:46Speaker 1: your work email that would be silly, but go into
- 28:49Speaker 1: your personal email and send yourself emails of just like
- 28:52Speaker 1: maybe just like a file note of like today I
- 28:53Speaker 1: had a meeting with Georgia and she said XYZ, and
- 28:56Speaker 1: then I said this, and this is the outcome of that. Like,
- 28:58Speaker 1: they don't have to be formalized notes. But the reason
- 29:02Speaker 1: I like it in email is purely because it's also
- 29:05Speaker 1: time stamped. So if anything ever comes up and you
- 29:08Speaker 1: need to provide it one you can just print off
- 29:09Speaker 1: or send off the you know, the emails to fair
- 29:12Speaker 1: work to be like, yes, I tracked it, here's the information.
- 29:14Speaker 1: But two, our memories are not as kind to us
- 29:17Speaker 1: as they should be, and sometimes we forget the detail
- 29:19Speaker 1: or what they said, or you said something like this
- 29:21Speaker 1: and it offended me. But like in the moment, I
- 29:23Speaker 1: would just track it, shoot myself an email, make sure
- 29:25Speaker 1: that I've got it on record, and those time stamps
- 29:28Speaker 1: can come in handy. I hate that I have to
- 29:30Speaker 1: say this because these are the realities of some workplaces
- 29:34Speaker 1: here in Australia. But I think keeping ourselves safe is
- 29:38Speaker 1: primo and it's the most important thing. But also, what's
- 29:42Speaker 1: the worst that can happen. You don't use those notes, great, well,
- 29:44Speaker 1: just delete them later if you know they're not useful
- 29:47Speaker 1: at some point because you've got the outcome that you
- 29:49Speaker 1: needed from your workplace. But journal everything, notarize everything, and
- 29:54Speaker 1: if possible, like take as much detail down as as possible.
- 29:58Speaker 4: When you said the don't do it from your work email, Ye,
- 30:02Speaker 4: can our employees go through our EA?
- 30:04Speaker 1: Yes, of course they can. Of course they can. Yeah,
- 30:06Speaker 1: of course they can. And yeah, okay, so it'll be
- 30:09Speaker 1: in your employment contract. But nine times out of ten,
- 30:12Speaker 1: in your employment contract it'll say that that email is
- 30:15Speaker 1: owned by the company, not by you. Like George, she's
- 30:18Speaker 1: on the money dot com dot you. I've never been
- 30:19Speaker 1: through it, because you know what, I don't care what
- 30:21Speaker 1: you send g But also if something you know detrimental happened,
- 30:25Speaker 1: I might need to go through your emails. If you're
- 30:27Speaker 1: the one bullying another employee, and they've said, oh, Georgia
- 30:30Speaker 1: King sent me this abusive email. I'm going to go
- 30:32Speaker 1: find it. I'm going to go look for it. And
- 30:34Speaker 1: a lot of employers, even if you delete it and
- 30:37Speaker 1: delete it from your deleted box, they'll have a server
- 30:40Speaker 1: somewhere that has it all backed up. I say that
- 30:42Speaker 1: because I do, because I'm an employer who my IT
- 30:45Speaker 1: company said this is how you set it up, this
- 30:47Speaker 1: is what you do to protect yourself as an employer,
- 30:49Speaker 1: and I go, yeah, okay, no problems if that's the process.
- 30:52Speaker 1: But essentially all of the email addresses that you know
- 30:55Speaker 1: she's on the money owns are owned technically by me,
- 30:58Speaker 1: and then I can audit at any point I like,
- 31:01Speaker 1: and I'm actually telling you to send it from your
- 31:03Speaker 1: personal email to yourself, not because I think they're gonna
- 31:06Speaker 1: audit it, but like, what if you get fired or
- 31:08Speaker 1: what if you leave and then don't have access to
- 31:11Speaker 1: those notes. I just want you to always have access
- 31:13Speaker 1: to them. So that was my importance. But good point. Yes,
- 31:16Speaker 1: they can audit anything on your computer, anything on internal messengers,
- 31:20Speaker 1: like if you've got Microsoft teams, like, they can see
- 31:22Speaker 1: all of those messages. So Yeah, if you want to
- 31:25Speaker 1: have a personal conversation with a friend or a colleague,
- 31:27Speaker 1: I would honestly yeah, have it offline, take it to
- 31:30Speaker 1: text messages, take it to Facebook messenger, take it to Instagram,
- 31:33Speaker 1: take it anywhere except a workplace platform.
- 31:35Speaker 4: Let Zuckerburg deal with it.
- 31:37Speaker 1: Yeah, let' zuckerburg deal. Let's move snapchat it so it
- 31:40Speaker 1: deletes later.
- 31:41Speaker 4: Tell me more about the Fair Work Commission. Who actually
- 31:43Speaker 4: are they?
- 31:43Speaker 2: All? Right?
- 31:44Speaker 1: So? The Fair Work Commission good eggs, doing good things.
- 31:46Speaker 1: They are Australia's workplace tribunal and they create awards, proof
- 31:50Speaker 1: enterprise agreements and help resolve issues that happen at work.
- 31:53Speaker 1: They hear cases of unfair dismissal and rule outcomes. And
- 31:56Speaker 1: they have tons of really good resources on their website too,
- 31:59Speaker 1: which link obviously awards and enterprise agreements which you said before,
- 32:02Speaker 1: information on unfair dismissal, and places where you can get
- 32:06Speaker 1: legal help and advice. And there's actually heaps of links
- 32:08Speaker 1: for businesses too, so that they know that they're doing
- 32:10Speaker 1: the right thing.
- 32:11Speaker 4: Perfect, Let's move on and chat about unfair dismissal and
- 32:15Speaker 4: unlawful termination. I've heard it is really hard to get fired,
- 32:21Speaker 4: is that true.
- 32:22Speaker 1: Maybe I don't know, employee, maybe you've never had this
- 32:25Speaker 1: issue before. But essentially, dismissal means that the employer is
- 32:29Speaker 1: telling the employee that they don't have a job anymore.
- 32:31Speaker 1: So they might say you're fired, or you're terminated, or
- 32:33Speaker 1: you're leaving next week. But essentially dismissal means that it
- 32:37Speaker 1: wasn't the employee's decision to leave the role, it was
- 32:41Speaker 1: the employer's decision. They could fire an employee because they're
- 32:44Speaker 1: not performing their job to the level that's required. That
- 32:47Speaker 1: doesn't make it unfair, but there's different reasons why obviously,
- 32:52Speaker 1: Or they could tell their employee that their positions now
- 32:54Speaker 1: redundant now or on a future date. In some cases,
- 32:59Speaker 1: if the employers pay your forces an employee to resign,
- 33:02Speaker 1: that also could be unfair dismissal. So if you know
- 33:05Speaker 1: you're being pushed into quitting and they're not saying, quote,
- 33:08Speaker 1: you're fired, that could actually still be unfair dismissal because
- 33:11Speaker 1: you didn't feel like you had any other choice but
- 33:14Speaker 1: to quit.
- 33:15Speaker 4: And the difference between dismissal and unfair dismissal, what actually
- 33:19Speaker 4: is that, Like, what makes a dismissal unfair?
- 33:20Speaker 1: So a dismissal isn't always unfair, Like if an employee
- 33:24Speaker 1: is maybe not up to scratch and not meeting the
- 33:26Speaker 1: competencies of a role, and they've been trying and trying,
- 33:28Speaker 1: and they're like, look, this is just lucy, you're not
- 33:31Speaker 1: fulfilling your role as a dog. You're gonna have to leave.
- 33:34Speaker 1: It's just not working out. Like, that doesn't mean it's unfair, Like,
- 33:37Speaker 1: not every dismissal is unfair, even if you feel that way,
- 33:40Speaker 1: Like you might be so pissed off and you might
- 33:43Speaker 1: be so upset that you've lost your role, but that
- 33:46Speaker 1: doesn't mean that it wasn't unjustified or undocumented. And in
- 33:49Speaker 1: some situations it is actually fair to end an employee's employment, Like,
- 33:53Speaker 1: I know that sucks to hear, but sometimes.
- 33:56Speaker 4: You could be.
- 33:59Speaker 1: Justice first. Yeah, that you just might not be the
- 34:02Speaker 1: right fit. Right, But when an employee dismisses an employee,
- 34:06Speaker 1: the law says a few things. It says you should
- 34:08Speaker 1: not dismiss an employee if it is harsh, unjust, or unreasonable.
- 34:12Speaker 1: You should not make an employee redundant if it is
- 34:14Speaker 1: not a genuine redundancy, Like I can't turn around and
- 34:16Speaker 1: be like oh, the role's redundant, Lucy, and then hire
- 34:19Speaker 1: someone the next week for the same role, because that's
- 34:22Speaker 1: not a genuine redundancy. And it should always follow the
- 34:25Speaker 1: Small Business Fair Dismissal Code if they are a small business,
- 34:28Speaker 1: or there's another code for bigger businesses as well. There's
- 34:31Speaker 1: a little bit more flexibility from my understanding for small businesses,
- 34:35Speaker 1: but it doesn't mean that they get out scot free,
- 34:38Speaker 1: like you can't just fire people willing nearly. The Unfair
- 34:41Speaker 1: Dismissal Checklist is obviously one of the links in our EP,
- 34:44Speaker 1: so go back and have a look at that, but
- 34:46Speaker 1: essentially unfair dismissal. I guess the TLD are here as well.
- 34:50Speaker 1: Is it could be an unfair dismissal We said this,
- 34:53Speaker 1: but if you felt like you had no other option
- 34:55Speaker 1: but to quit.
- 34:56Speaker 4: Yeah, okay, perfect, fee d. That is all we have
- 34:59Speaker 4: time for today.
- 35:01Speaker 1: What a dream.
- 35:01Speaker 4: Just before we do go, the guys, just a couple
- 35:05Speaker 4: of notes, please go back and listen to our episode
- 35:07Speaker 4: on how to have difficult Conversations with your boss. That
- 35:10Speaker 4: one is super helpful if you are having issues at
- 35:13Speaker 4: your workplace, and if you do think you're being messed with,
- 35:16Speaker 4: then there are so many places to go, as we've
- 35:17Speaker 4: mentioned multiple times in today's episodes. So hit those show notes.
- 35:21Speaker 1: Baby, they're good show notes.
- 35:24Speaker 4: But choose to Analisa.
- 35:26Speaker 1: Choose to Annalisa for pulling all of that together. But
- 35:30Speaker 1: you know, as you said, unfortunately that's all we have
- 35:32Speaker 1: time for today. So now it's time for the boring
- 35:34Speaker 1: but important stuff.
- 35:35Speaker 4: Jane, let's do it. Remember, guys at the advice shared
- 35:38Speaker 4: on She's on the Money is general in nature and
- 35:40Speaker 4: does not consider your individual circumstances. She's on the Money
- 35:43Speaker 4: exists purely for educational purposes and should not be relied
- 35:47Speaker 4: upon to make an investment or a financial decision. And
- 35:50Speaker 4: we promise Victoria Divine and She's on the Money are
- 35:52Speaker 4: authorized representatives of in Focused Securities Australia Proprietly Limited ABN
- 35:57Speaker 4: for seven zero nine seven seven nine seven zero four
- 35:59Speaker 4: nine for sale two three six five two straight have
- 36:02Speaker 4: the Weak Friday