What Australian Employers Need To Know When Hiring & Firing

If you are an employer then there are many laws that you need to know about when it comes to hiring and firing your Australian employees. You need to make sure that your business is compliant so that it doesn’t get on the wrong side of the law. It can be very difficult to keep on top of everything because so many rules and regulations have to be followed and it can get kind of confusing after a time.

When it comes to terminating employees, many different notice periods need to be followed as well as salary that needs to be paid.

*This is a collaborative post. Image Source.

You just can’t randomly fire someone because they didn’t turn up for work and especially so if they produce a medical certificate for work. It is a bit of a minefield but there are three ways in which you can involuntarily end someone’s employment. One of them is misconduct, the other is their performance and of course redundancy. The following is just a guide as to what you need to know as an Australian employer.

• You need to properly classify your employees – There is a significant fine put in place by the Australian courts if you don’t follow the rules and so if someone is classified as an employee then they need to be working exclusively for you the employer over some time and they will certainly be entitled to benefits. Contractors, on the other hand, are self-employed and they are not entitled to such benefits and if you mix these two types of workers up then it can cost you considerably.
• There are strong antidiscrimination protections – You must never take employment action against someone based purely on their race, their sex, there is sexual orientation, and how old they are.
• Employees can request flexible working hours – If someone is working for you for at least a year then they are allowed to change their work schedules if they are a parent of a child that is going to school if they are caring for a sick loved one or if they have a disability.
  One of the most important things however is that you make sure that you offer all of your employees the minimum benefits under the relevant government rules which include a maximum of weekly work hours, time off for public holidays, and paid leave as well.

*Disclaimer – This is a collaborative post. This post has been pre-written.