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Top tips for managing a return from maternity leave Time goes quickly in the workplace. Before you know it, the employee you wished well as she headed off on maternity leave will be due to return to work. It is therefore important to think ahead and prepare early to help both employee and employer enjoy the process. Here are our five top tips for a smooth and happy transition... To read more, join the HR Inner Circle now! Visit: https://lnkd.in/e3A6sW5

Yesterday, our client obtained a favourable decision in the Fair Work Commission following a general protections application brought by a past employee. Our client raised a jurisdictional objection, on the basis that the employee was not dismissed within the meaning of the Fair Work Act 2009 (Cth) [Act]. The employee relied upon the second limb of section 386(1) of the Act, which is more commonly referred to as a constructive dismissal, meaning a forced resignation. Given the course of conduct alleged to have been engaged in by our client according to the employee’s evidence, a trial was essentially conducted that included examination of multiple witnesses that also traversed the subject matter of any future substantive hearing, and was the employee’s first hurdle if the matter was to continue. The matter was heard over two (2) days and the following aspects were considered in the implosion of the working relationship: Maternity leave arrangements and related changes to duties; Poor treatment from our client; Exclusion from a particular meeting; and Request to partly work from home. Ultimately, the Commission found no causal connection between the conduct of our client (either individually or in combination) and the employee’s resignation such that it “forced” the resignation, and that some of the conduct complained of was trivial and certainly not established as sufficient to found a forced resignation finding. What we consider particularly interesting, and the final factor tipping in the favour of our client, was the garden leave arrangement. The Commission, rightly so, could not see from the evidence how a person who seeks and is granted eleven (11) weeks paid “garden leave”, taking them up to commencement of six (6) months maternity leave, is possibly in a situation where they are left with no effective or real choice but to resign. The Commission therefore found that the employee voluntarily exercised her choice to separate from her employer. It then followed that no finding of forced resignation could be made, and as a consequence, the employee was not “dismissed” within the meaning of the Act. Accordingly, an order dismissing the employee’s general protections involving dismissal application was issued. There are incredibly tight timeframes involved with these sorts of applications, and our team along with various members of our client’s staff, worked through the Christmas closure in order to sufficiently prepare this matter for hearing. I extend a heartfelt thank you to my 2IC Kirralei Nicholson for giving up valuable time with her loved ones in what is reflectively the only period in which we do get to switch off, and to our super star counsel Rob Tooth and amazing client for bringing this all together! Well done!

🌍🎉 Happy HR International Day! 🎉🌍 Let's take a moment to celebrate the superheroes of our office who can juggle a million tasks while still managing to smile. They know everyone's secrets but will never spill the tea. Here’s to the team that makes sure our paychecks arrive on time, our office parties are lit, and our paperwork doesn’t turn into a horror movie. HR, you’re the real MVPs. Without you, we’d be lost in a sea of tax forms and confusion. So today, let’s give a big shout-out to the people who remind us that "casual Friday" doesn’t mean "wear your pajamas to work." Tag your favorite HR superstar and show them some love. Remember, they’re the ones who’ll decide if your next vacation request gets approved. 😉 #HRInternationalDay #OfficeHeroes #HRHumor #PaydayPatrons

You're absolutely right! Employee productivity, passion, dedication, and commitment are closely tied to how they are treated by their leaders and the organization. When leaders genuinely care for their employees, show empathy, provide support, and create a positive work environment, it fosters a sense of belonging and loyalty. In turn, employees are more likely to be engaged, motivated, and committed to the organization's success. Building a culture of care and mutual respect can lead to a more productive and harmonious work environment.

Fatherhood is a journey of both challenges and unparalleled joys. In our ever-evolving work landscape, it’s imperative for organizations to acknowledge and honor the pivotal role of fathers. From the entire team at @kusiconsulting, we extend our warmest wishes this Father’s Day. Happy Father’s Day! #FathersDay #KUSIConsulting #HR #HumanResources #Recruitment #RemoteWork #Workforce

Friday Round-up - Episode 107🤩 This week I wanted to talk about the obligations that employers have to their employees whilst on maternity leave. A recent case saw an employer obligated to pay an employee £50,000 in compensation after they had been found to have discriminated against said employee, whilst she was on maternity leave. Have a watch of this weeks #fridayroundup to hear more about this case and to receive some top tips. Do you have any additional questions? Get in touch, I’d be thrilled to help 🤩 I hope you have a great weekend. #hr #recruitment #training #fridayroundup #rathbonehrsolutions #employers #employeewellbeing #uk #management #thrive #sme #businessleader #hrprofessional #managers #inspiringleaders #leaders #businessleaders #maternityleave #maternitydiscrimination #maternity

Read the blog: https://lnkd.in/dDAvukJk #HumanResources #Employee #LeavePolicy #EmployeeEngagement #Hrmanager #HR #runtimehrms #HRMS #Payroll

Is your business ready? A series of significant employment-related legislative changes come into effect on the 6th April, which include modifications to flexible working regulations, an overhaul of parental leave legislation, a recalibration in the calculation of holiday entitlement for irregular workers, and the introduction of a statutory right to unpaid carers leave. These changes are not just legislative formalities; they are pivotal shifts that necessitate a proactive response from businesses seeking to foster a supportive and compliant workplace environment. If you're not ready and/or unsure of how the changes may affect your business we can provide support through our HR Outsource offering headed up by @Melissa Hewitt #Morson #HR #FlexibleWorking

GET READY FOR IMPORTANT CHANGES IN EMPLOYMENT LAW   With April just around the corner, it's time to recap on some areas I lightly touched on previously.  Coming up are some significant shifts in employment law that all small businesses need to be aware of.   1. Increase in National Minimum Wage (April 1st)   Let's kick things off with a topic that affects both employers and employees: the National Minimum Wage. From April 1st, there's an increase in the minimum wage, and staying compliant with these changes is crucial. Not only does it reflect positively on your company's reputation, but it also fosters a happier and more productive workforce. For small business owners, this can be a significant change to be prepared for as you will need to factor in the extra expense. Some small business owners do struggle with this however it's the law and it must be adhered to.    2. Carer's Leave (April 6th)   Recognising the importance of work-life balance, Carer's Leave rules are set to change on April 6th. This provision allows employees to take reasonable time off to care for their loved ones without the fear of repercussions at work.    Employees will be allowed to take up to one week of unpaid carer’s leave every 12 months from day one of their employment. This leave is for providing or arranging care for a dependent with a long-term care need. It can be taken in single or half-day increments, with a notice requirement of three days or double the length of leave requested, whichever is longer.   As business owners, it's essential to understand the ins and outs of this new policy and ensure your team feels supported during times of need.   3. Flexible Working (April 6th)   Flexibility is the name of the game, and starting April 6th, employees will have more power to request flexible working arrangements twice a year, and from the moment their employment commences.    Under the new rules, businesses will be required to consult with employees and explore alternative options before rejecting a request. Applications will need to be determined within two months rather than the current period of three months (including any appeal process). Employees will also have the right to make two flexible working requests in a 12-month period, as opposed to one.      Stay Tuned for October 2024   While April brings its fair share of changes, it's worth noting that more adjustments are on the horizon for October 2024. We'll delve deeper into those closer to the time, ensuring you're always ahead of the curve when it comes to navigating the evolving landscape of employment law. Also remember with a General Election on the horizon, even more change could come after that event - whenever that happens.    By staying informed and proactive, you'll not only comply with the law but also foster a workplace culture that prioritises fairness, support, and employee well-being. #HR #EmploymentLaw

#FMLA has been around for over 30 years, but there are so many complexities around building your policies and #HR practices in a compliant way. My colleague Robyn Bartlett and I wrote this article to provide some clarity. #Compliance #Leave #MarshMMA