Ethical Issues – Work Conditions Work Conditions are negotiated between employer & employees. Many of these conditions are based upon the ethics & goodwill of employers. Such conditions might include: Code of conduct Challenging, interesting work Communication/teamwork T/D opportunities Rewards Flexibility – leave options Collaboration Best practice

Legal Issues – Work Conditions Some work conditions employers are legally obliged to provide. These Conditions will be known as “National Employment Standards” from 2010 onwards. They include: Provision of a safe workplace 12 months parental leave 4 weeks paid leave 10 days personal/ carer’s leave Community service leave Public holidays Right to Notice of termination

Occupational Health & Safety Watch this video OH&S refers to the general health and safety of employees whilst at work. Employers have a legal duty of care to their employees. This duty of care was formally recognised under the National OHS Commission Act of The responsibility for OHS has since passed to each of the States. There is a need for such legislation because of the high number of workplace injuries & fatalities that still exist. The attached article gives you some idea about the problems faced in NSW workplaces still. Costs….compo claims, insurance premiums, absenteeism, lost productivity, replacement costs, damage etc..

OHS cont….. In NSW workers are covered under the OHS Act (1983) amended Under this Act employers have the following obligations: Ensure health, safety & welfare of employees Take out workers compensation insurance or be fined/imprisoned Establish committees where there are more than 20 employees Allow inspections by WorkCover inspectors Fines for bullying, skylarking etc that puts workers in danger The following advertisement has been made by Workcover…. al.mpg

Legal – Workers Comp Workers Compo provides a range of benefits to an employee suffering From an injury or disease related to their work. Check this link for the types of things covered by workers comp insurance: px State Legislation: Workcover Authority of NSW NSW WC Act 1987 & Injury Mgt Act 1998 EMPLOYERS……. Workers Comp insurance required by all workplaces Register of injuries required - $55,000 fines apply Injury management plans, suitable duties for those injured Workcover Inspectors may inspect Death & serious injury notification

Legal – Workers Comp EMPLOYEES…. Must notify asap of injury Injury must be substantially as a result of work Common Law Redress…. Employees can claim compensation or sue for negligence of employers under common law (eg James Hardie asbestos) Get paid for loss of wages, rehab, permanent injury, pain & suffering if more than $10,000 Since 2000 claims have been effectively capped at $250,000 plus income support & medical costs (for permanent impairment) Penalties for false claims $5,500 or 12 months jail

Legal – Anti Discrimination A policy/practice that disadvantages a group or person because of personal characteristics irrelevant to their performance Legislation: HREOC Act 1986 (Cth), Anti Discrimination Act 1977 (NSW) Can’t discriminate on: age, race, colour, disability, sex, origin, marital status/family responsibilities, pregnancy Often this discrimination occurs in recruitment & selection, Training, promotion, pay, termination… Check out these cases:

Legal – EEO Equal Employment Opportunity – equitable policies/practices in recruitment, selection, training & promotion How representative are women in different positions in the organisation? Affirmative Action: directed at women specifically. Measures taken to eliminate direct & indirect discrimination. More than 100 employees you report to the Agency Women = 45% of workers but fill only 10% of executive positions

Unfair Dismissal Types of dismissal: Summary dismissal, ‘on notice’, retrenchment & redundancy Unfair: harsh, unjust, unreasonable – can be conciliated or arbitrated Much use of contracting & casual workers as a result Employees should be given notice and should also provide written notice The legislation formed a part of the WR Act It required a series of warnings, counselling & opportunities to improve. Under Workchoices it was watered down. Only applied to organisations with more than 100 employees. (3.76 million employees) or if you earn more than $98,200. Under the Rudd government business with less than 15 employees are exempt from the legislation and then only for one year. After the 1 st year the employee is protected. Check the case studies below….. smissal/Avoiding_unfair_dismissal.htmlwww.industrialrelations.nsw.gov.au/Employers/Dismissing_staff/Unfair_di smissal/Avoiding_unfair_dismissal.html

Unfair Dismissal An employee can apply to the AIRC if they believe their employment was terminated for an unlawful reason, including: temporary absence from work because of illness or injury; trade union membership or participation in trade union activities; non-membership of a trade union; seeking office as a representative of employees; the filing of a complaint, or the participation in proceedings, against an employer; race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin; refusing to negotiate, sign, extend, vary or terminate an AWA; absence from work during maternity leave or other parental leave; and temporary absence from work because of the carrying out of a voluntary emergency management activity