Reflections on the diverse and inclusive workplace

The former Sex Discrimination Commissioner Ms Elizabeth Broderick recently commented on diversity and inclusion in the workplace at a conference held by the Australian Human Resources Institute.

Here are some of the things she emphasised:

1. If employees are to embrace change to make the workplace more diverse and inclusive then their employers need to lead the way.
2. She urged the creation of safe spaces where employees could share their views in a respectful, empathetic setting that did not lead to recriminations.
3. Don’t assume opponents of change have bad intentions. But they may see change as involving the loss of something that they have worked hard for and personally invested in.
4. The diverse and inclusive workplace needs to deal with the perception, if not the fact, of loss of security, stability, belonging and rituals as well as the positive changes meant to encourage diversity and inclusion.
5. She asked women who had been successful in challenging environments (“jocks in frocks”) whether they thought it was okay if their sisters or daughters had to go through the same experiences they did in order to succeed.
   For further advice on strategies to make your workplace diverse and inclusive please contact our team of workplace lawyers at Nevett Ford.

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Overworked and Underpaid: The reality behind George Calombaris’ Greek tragedy

 

In a brilliant piece of spin worthy of an election campaign, George Calombaris openly admitted to underpaying past and present employees over $2.9 million – and has maintained his positive public image.

 

From the papers to The Project, the popular Masterchef appeared everywhere, apologised for profiting from his workers and continued to accept bookings at his numerous Greek restaurants across Melbourne.

 

You would be forgiven for thinking that it’s all that easy – underpay, apologise, back to business as usual – but be warned, this is the exception, not the rule. 

 

Businesses that are found to breach the Fair Work Act 2009 are liable to penalties of up to $54,000 for corporations, per breach. This means that if you underpay 100 employees, you are liable to 100 lots of penalties. Directors also face penalties of upon $10,800 per breach.  

 

Last year, the Fair Work Ombudsman recovered more than $2.2 million dollars in penalties alone for underpaid employees.

 

For George Calombaris’ Made Establishment empire, the repayments will be made quickly and easily, as the investors in the business have continued to pledge their financial support for the company.

 

Other businesses are not so lucky and have had to enter into voluntary administration after being ordered to back-pay their workers.

 

If you are unsure of how much to pay your employees in order to fulfil your obligations under the relevant employment contract, modern award or enterprise bargaining agreement, talk to someone who knows the answer! Contact the workplace relations team at Nevett Ford for all your employment law questions on (03) 9614 7111.

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Annualised salary and award covered employees

An employer which offers employees contracts with annualised salaries to compensate for all entitlements to which they are entitled under an applicable award needs to beware.

The applicable award may provide that an employer must state in writing which provisions of the award will be satisfied by the payment of the annualised salary.

If the employment contract does not state what entitlements are covered, an employer may find itself facing a claim for overtime, allowances, penalty rates or annual leave loading.

Nevett Ford can assist in avoiding this problem by conducting “health checks” of employee contracts for award covered employees.  

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