South Australian Wine Industry Association’s Post

16 April 2024   Does a Zero Tolerance Policy by default extend to lunchtime?   If an employer imposes a zero tolerance policy for being under the influence, it includes your lunch break, although you are not paid for it and it is not considered as time at work.   “Your lunch break is unpaid time and is the employee's own time – you can read a book or go shopping, but you are looking for trouble if you enjoy an alcoholic drink in your lunchtime in your uniform, knowing the employer has a zero tolerance policy in place,” says Martlé Keyter, Chief Executive Officer of #MISA, the Motor Industry Staff Association.   Solani Manzini, one of #MISA’s Senior Labour Advisors in the Legal Department, had to defend two general workers, suspended after being caught on a CCTV camera having a few sips of a Savannah Cider and a Mayfair Gin.   “While on lunch, the two ladies bought the drinks at a Spar Tops before ordering KFC. They sat in the KFC sipping their drinks. A security guard saw them in their uniform and alerted their manager.   “Back at work, both ladies had to do a breathalyser test, but the results were negative. The employer permitted the employees to immediately resume their work. After obtaining the CCTV a few minutes later from the KFC, the employer decided to suspend them until the hearing.   According to Manzini the implementation of the zero tolerance policy in working hours is of great contention in this case. The ladies were not drinking on duty.   Furthermore, the employer’s policy for being under the influence of alcohol is lined to testing positive during a breathalyser or blood test. This was not the case.   “The ladies were not intoxicated when they returned to work. They were honest in saying that they had a few sips to digest their food.   “#MISA accepts that their actions, drinking alcohol in public while wearing their uniform, may be frowned upon but as it reads now, the rules and policy of the employer is too vague,” says Manzini.   The ladies were found guilty. #MISA is awaiting the outcome of their sanction.   Issued by Sonja Carstens, Manager of #MISA's Media & Communication Department, on behalf of the Union.   For more information contact Sonja Carstens, Manager of #MISA's Media and Communication Department on 082 463 6806 or e-mail Sonja.Carstens@ms.org.za.   #PROUDLYMISA #MISACARES #MISAONTHEMOVE #MISAFAMILY

Secret workplace recordings - the ace up your sleeve that can easily become a landmine. In a case handed down yesterday, the Fair Work Commission highlighted the dangers of employees seeking to rely on secret recordings in proceedings against their employer. This is an issue that is often misapprehended, as some States and Territories have legislated that such recordings are lawful. The fact that an act is lawful (or at least, not unlawful) does not, however, mean that an employee is immune from discipline because of it. In a case before Deputy President Saunders, a casual employee alleged that she had been unfairly dismissed. The employer argued that she had resigned, but lost that argument when the Deputy President held that dismissal occurred when the employee was locked out of the employer's rostering system several days before she tendered her written resignation. The case for the employer does not appear (on the face of what is traversed in the decision) to have been a strong one, and at this point in the proceedings it looked like the employee was on the pathway to victory. However, this changed when the employee filed her evidence, which included a secret recording she had made when she visited her managers unannounced some weeks before her dismissal. The Deputy President found that the secret recording was a valid reason for dismissal in and of itself, harkening back to a 2013 Full Bench decision which held such actions to "undermine the trust and confidence required in the employment relationship" and were "grounds for summary dismissal." The fact that the employer did not learn about it until halfway through the legal proceedings was irrelevant. What could well have been a winner for the employee turned in a significant "own goal", with the Deputy President finding that the employee had unwittingly, by her own evidence, validated her dismissal. If there is to be any moral to this story, it is that being allowed (or at least, not forbidden) from doing something did not make the employee immune from the consequences of those actions. In these cases, both employer and employee should obtain appropriate legal advice in understanding their rights, privileges, and the potential consequences of their actions before passing the point of no return. Harold Downes Jamie Wells Stacey Van der Meulen Elias Jeha Sam Dekker Hannah Edwards Linda Quain #fairwork #unfairdismissal #hr #humanresources #ir #industrialrelations #employmentlaw #employmentrelations #surveillance #workplacesurveillance #recordings #secretrecordings https://lnkd.in/gx8paqq5 - use this link, not the embedded preview!

📢 𝐇𝐞𝐲 𝐂𝐚𝐟𝐞 𝐎𝐰𝐧𝐞𝐫𝐬: 𝐀𝐥𝐥𝐨𝐜𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐓𝐢𝐩𝐬 𝐄𝐧𝐬𝐮𝐫𝐞 𝐲𝐨𝐮 𝐬𝐭𝐚𝐲 𝐥𝐞𝐠𝐢𝐭 𝐚𝐧𝐝 𝐞𝐭𝐡𝐢𝐜𝐚𝐥 𝐢𝐧 𝐲𝐨𝐮𝐫 𝐛𝐮𝐬𝐢𝐧𝐞𝐬𝐬. 𝑾𝒉𝒂𝒕'𝒔 𝑪𝒉𝒂𝒏𝒈𝒊𝒏𝒈? ↪ Requirement for fair distribution of tips among staff. 𝑺𝒐 𝑾𝒉𝒂𝒕? ↪ Safeguards the interests of hospitality workers. ↪ You have a legal requirement to comply. 𝑾𝒉𝒂𝒕 𝒅𝒐 𝑰 𝒏𝒆𝒆𝒅 𝒕𝒐 𝒅𝒐? ↪ Review and update your tip distribution processes. ↪ Communicate this change to your team to... ↪ ...demonstrate your fair compensation practices. I'm Karl Wood FCIPD, FCPHR and I'm an HR Director with an unmatchable hospitality game. Follow me and keep your business legal and decent. #HRUpdates #TipDistribution #Equity

Australia’s Fair Work Ombudsman recovered AUD 281,729 (USD 186,448) for 305 underpaid food outlet employees in Newcastle, New South Wales, following surprise inspections. Fair Work inspectors investigated 43 businesses in Newcastle’s fast food, restaurant and café sector, mostly ‘cheap eats’ venues. The inspections were prompted by information from a range of sources, including anonymous reports. Of 41 investigations finalised, the Ombudsman found workplace law breaches in 73% of food outlets (30 businesses). The most common breach was underpayment or failure to pay penalty rates (29 businesses), which variously included evening and night rates, and weekend and public holiday loading, as well as casual loading, followed by underpayment of minimum wages for ordinary hours (19 businesses). The highest amount recovered from any one business was AUD 82,583 (USD 54,653) for two casual fast food workers who were not paid their casual minimum wages and their public holiday and weekend loading. Read the full article at: https://lnkd.in/gbTan3h6

#ShinePeopleandCultureSummit by MAPAL Group already tomorrow! I'll be discussing AI in hospitality at 4:25 PM and looking forward to connecting and networking with fellow professionals in the industry. See you there!

This is a really interesting decision by the Full Bench of the Fair Work Commission. This deals with an appeal by Sydney Trains of an earlier decision involving the termination of an employee for breaching a drug and alcohol policy. In the earlier decision, an employee tested positive for cocaine metabolites and their employment was subsequently terminated. In this earlier decision, the FWC found that the termination was unfair (harsh and unjust) and that the employee be reinstated. The conclusion of the decision of the Full Bench is: [160] While there is an error of law in the Deputy President’s decision with respect to the principle posited in paragraph [115], we are satisfied that this did not vitiate the findings made by the Deputy President and the conclusion that Mr. Goodsell’s dismissal was harsh and unreasonable. Nor are we satisfied that the discretion exercised by the Deputy President miscarried or that the result is manifestly unjust. We also do not consider that Sydney Trains has identified any error of fact in the Decision, much less a significant error of fact that vitiates the outcome. We consider that the outcome is not outside the range of outcomes within which a proper exercise of the discretion might be expected to reside, particularly having regard to other unfair dismissal remedy decisions concerning drug and alcohol testing, including those we have considered in this decision. [161] Accordingly, we affirm the Deputy President’s conclusion that Mr. Goodsell’s dismissal was harsh and unjust. We note that there is no challenge to the Deputy President’s consideration of the remedy to be awarded to Mr. Goodsell and we therefore see no basis to disturb the orders made by the Deputy President in relation to remedy. We consider that it is appropriate that we dismiss the appeal. We order as follows: (1) Permission to appeal is granted. (2) The appeal is dismissed. #HumanResources #HR #IndustrialRelations #FairWork https://lnkd.in/gjnsyBeY

Hot off the press, Entegra-sponsored Lodging Magazine's February LOD is live. In this episode, industry experts discuss the ongoing challenges of labor shortages and wage inflation in the hospitality industry and provide actionable solutions. Please watch the recording! #laborcosts #laborshortages #hoteloperations

📃 The intricate dance of rules in the corporate realm: setting guidelines can inspire adherence or exploitation, impacting the company's bottom line. 📃 "Let's delve into how company policies on travel and food expenses can impact the bottom line. When clear guidelines are established, there's a tendency for some individuals to exploit them. For instance, XYZ Limited's directive to 'Order one starter, one main course, and two beverages for two people.' Some might interpret this as a carte blanche for extravagant choices, selecting the priciest options in starters and mains along with champagne, all technically within the rules but significantly costly. On the flip side, when employees are encouraged to consider the company's best interests, they tend to make more prudent decisions. Opting for selections like salads, Sabzi and Roti, and a couple of beers demonstrates a mindful approach to expenses. This serves as a reminder that the mere presence of policies doesn't always translate to cost savings for the organization." #corporate #employees #hr #policies #rules

Meeting Planners: Are You Monitoring Union Strikes and Protests at Your Upcoming Event Hotels and Locations? Last week at IMEX, I presented on meeting and event risk. In my strikes and protests section, I discussed the critical importance of including this area in your meeting risk checklist. Yesterday, USA TODAY published this article, which underscores the significance of my recommendations and aligns perfectly with what we discussed. As planners, staying informed about potential strikes and protests is essential, as these events can significantly impact your meetings and events. I encourage you to revisit your notes from my session and integrate the strategies I shared into your planning processes. While this article highlights just one property in Hawaii, ignore this and know that this can occur at any property, no matter where it is or what brand flag it's flying. I recommend reading Kathleen Wong's article, particularly the second half. It raises important questions that you, your team, and your clients should consider: “What if this were to occur at one of my future meetings or events?” If you’re a planner looking to enhance your organization’s meeting risk procedures, I invite you to schedule a complimentary call with me. Together, we can ensure you’re effectively incorporating fundamental risk mitigation and response measures into your planning. Additionally, I’m available to review your existing plans, procedures, checklists, and response guides for any gaps and provide actionable recommendations for improvement when needed. Have you ever had someone outside your organization review your meeting risk plans for areas you may not have considered? Let’s work together to strengthen your meeting and event risk plans.

In a recent interview with Law360’s Joyce Hanson, McAllister Olivarius Co-Founder Dr Ann Olivarius KC (Hon) OBE says that she expects the hospitality industry to continue to bear the brunt of harassment and discrimination suits in 2024. Recent federal data shows the hospitality sector is the leading target for enforcement by the U.S. Equal Employment Opportunity Commission, and the EEOC's Strategic Enforcement Plan for 2024-2028 emphasizes the need for expanding protections for vulnerable and underserved workers, Ann explains. "Employees in the hospitality sector tend to come from vulnerable demographics and frequently rely on tips to survive," Ann said. "They work in an environment where alcohol is consumed by both staff and customers, and where staff churn is high. This makes it difficult for management to effectively oversee staff, while also encouraging staff and management to overlook certain forms of misconduct as 'part of the job.' Staff are under intense pressure not to complain or are encouraged to subject themselves to customer objectification to make tips." #TOMClientNews #hospitalityindustry #hospitalitytrends #legaltrends