Support your clients with expert employment practice services

Transcription

1 Support your clients with expert employment practice services Webinar 2 nd October 2018

2 Webinar Key Speakers Jenny Bax, State Manager NSW MBA, Grad. Dip (Ins), ANZIIF (Fellow), CIP Jenny has a wealth of experience, having spent over 20 years in senior management roles across Sales, Underwriting & Operations at QBE and CGU both here in Australia & overseas. A founding member of ANZIIF s General Insurance Faculty Advisory Board, Jenny also has a Master of Business Administration and Graduate Diploma in Insurance through Deakin University. Tariq Nasri, Senior Employment Relations Advisor (Employsure) As a Senior Employment Relations Adviser, Tariq provides specialised advice on complex employment relations and work, health and safety matters to Employsure s small business clients across Australia. With an extensive background across employment relations, he works daily to ensure clients are across changes to their industry Awards and meeting their obligations as employers in relations to the Fair Work Act. Anthony Black, Senior Risk Solutions Consultant Anthony is a passionate advocate of the value of risk management in good governance and achieving objectives. He brings a wide variety of sector experience and expertise to his role. As a former nurse and health service executive, he understands the challenges and uncertainties of managing complex services. Prior to joining Ansvar, Anthony was responsible for the delivery of risk management advice and solutions to the Victorian Public Sector, specialising in Health, Human Services, Community Care and Education. Anthony takes a practical and tailored approach to risk management; designed to shift focus from traditional methods to more strategic thinking and approaches. 2

3 Webinar Overview Summary of Ansvar s Risk Management Solutions: Risk Partnerships New Risk Partnership with Employsure Free advice line Excess reduced Legal compliance and proactive ways to managing staff How to identify red flags in your client s business Key ingredients to help prevent Employment Practice Liability claims Expert employment practice services available to your clients Overall risk strategy importance Questions and answers 3

4 Ansvar Risk Solutions Ansvar Risk provides a package of holistic risk management solutions through a highly experienced risk solutions team who understand risk and the requirements for organisations across our core sectors. Risk management solutions include: Ansvar Risk Solutions Enterprise Risk Management Risk Quality Surveys Tools and Resources Consultancy and Workshops Online Risk Packages General Drone Checklists Fact Sheets Risk Partnerships More details are available on Ansvar Risk website

5 Risk Partnerships Introducing Employsure s expert employment practice services National background employee/ volunteer police checks Employment relations advice helpline available to Ansvar clients Exclusive to churches: Training and tools for Church leaders and members

6 Expert Advice Line By being part of the Ansvar community, you are able to access our free advice line and receive guidance from an employment practices specialist. Operating Hours: 8:30 AM 5:30 PM, Monday Friday Phone: Access advice on: Disciplinary action Performance management Termination Resignation Underpayment disputes Bullying complaints Regulator investigations Union interference Independent contractors Access documentation on: Disciplinary invites and outcomes Performance management invites Termination letters Resignation acceptance letters Underpayment responses Bullying complaint responses Redundancy letters from start to end 6

7 Excess Reduced Benefits Any Ansvar client who has a Management Liability Policy (existing and new) will have their excess reduced to $1,000 for any Employment Practices Liability claim by following the below; Call the advice line before embarking on any action regarding employee related issue The experienced and dedicated team at Employsure will ensure the clients actions and processes are in line with Procedural Fairness requirements and support the client with relevant documentation. Provided the client follow and enact the advice provided to them along the way, the standard excess will decrease to $1,000 for each and every claim If the process is not followed by the client and a claim is put forward, the standard excess will apply ($5,000 for each and every claim) 7

8 True or False? You need three warnings before you can terminate You can terminate someone on the spot for serious misconduct If an employee does not hit KPIs you can terminate them You can terminate someone via text 8

9 Federal Legal Framework Contract Enterprise Agreement Modern Award Fair Work Act

10 National Employment Standards The 10 minimum entitlements contained in the NES are: 1 Maximum weekly hours 6 Community service leave Requests for flexible working arrangements Parental leave and related entitlements Annual leave Long service leave Public holidays Notice of termination and redundancy pay 5 Personal carers leave and compassionate leave 10 Provision of the Fair Work Information Statement (FWIS) 10

11 National Minimum Wage 1 July 2018 minimum wage changes What is a national minimum wage order? The national minimum wage order must set the following wages for award or agreementfree employees: - A national minimum wage - A special national minimum wage - A casual loading - The national minimum wage is currently $18.93 per hour or $ per 38 hour week - Casual employees covered by the minimum wage also get at least a 25% casual loading 11

12 Getting it Right The Fair Work Ombudsman Recovered $30.6 million for 17,000 employees In the FWO investigated 26,917 requests for assistance In , of 55 civil penalty litigations, 50 matters resulted in more than $4.8 million court-ordered penalties. 75% of litigations concerned wages and conditions Penalties of more than $1.1 million were ordered against individuals named as accessories during the year. 12

13 Risks Risks you should be aware of: Unfair dismissal Adverse action and discrimination Bullying and harassment 13

14 Potential Liabilities 14

15 Contracts and Policies What s the difference? Contracts Policies Legally enforceable terms Enforcing expectations Confirms terms and conditions Dynamic and discretionary Can be amended without employee contract Employee is not required to sign 15

16 Contracts and Policies Why are they so important? Manage risk Manage employees Creates certainty Ensures compliance Protection against claims Protection for you Setting expectations Enforcing expectations Influence morale Improve productivity and efficiency 16

17 Mitigating your Risks An employee made a complaint to her manager about a colleague s inappropriate behaviour, which included touching her leg and repeatedly asking her to go for a drink The complainant initially asked her manager to leave her to handle the situation herself. The manager, as requested, did not take any action The employer was still found liable for damages of $25,000 What happens if you do not follow a fair process? 17

18 Mitigating your Risks 18

19 Frequent Changes Annual minimum wage increases Changes to the Fair Work Act Changes to Modern Awards New and changes to codes of practice 19

20 Expert Advice Line By being part of the Ansvar community, you are able to access our free advice line and receive guidance from an employment practices specialist. Operating Hours: 8:30 AM 5:30 PM, Monday Friday Phone: Access advice on: Disciplinary action Performance management Termination Resignation Underpayment disputes Bullying complaints Regulator investigations Union interference Independent contractors Access documentation on: Disciplinary invites and outcomes Performance management invites Termination letters Resignation acceptance letters Underpayment responses Bullying complaint responses Redundancy letters from start to end 20

21 Questions Thank you for your attention. Any questions? The complete webinar and Q&A s will be available on For more information on anything that was discussed please contact your dedicated Ansvar relationship manager 21