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Hygiene Procedures in the Workplace

Everyone should maintain personal hygiene at work. It’s professional, considerate, and creates a healthier environment for everyone. Good workplace hygiene can lead to a drastic reduction of illness, increasing staff attendance and productivity. On the other hand, poor hygiene practice can pose a health and safety risk to a team, an office, or even an entire company. Many employers rely on our health and safety services to help manage these safety obligations. From the first day of employment, your employees should understand the company’s workplace hygiene and personal hygiene policies. If an employee’s lack of personal hygiene becomes a problem, you must address it (even if it means having a serious conversation that’s awkward for all involved). Why is hygiene important in the workplace? People spread germs and pose a health risk in countless ways. They sneeze without a tissue, leave dirty cups in the office kitchen, and use the bathroom without washing their hands. Think these are minor issues? Think again. Sick leave is a huge cost for small businesses in Australia, reported to cost each company a whopping $20,000 every year on average. Hygiene measures are important because they contribute to a healthy workplace and a healthy workforce, meaning staff are happier, less likely to take sick leave and more productive. For both employers and employees, it’s a win-win scenario. Examples of poor hygiene practices at work So, what does poor hygiene look like in the workplace? It can take many forms. The hygiene practices your company needs to follow will depend on what the business does. If you run a restaurant or a bakery, you’ll need to take all the necessary hygiene precautions to maintain safe handling of food. If you work in a chemical plant, you’ll need a strict hygiene policy for using hazardous substances. In a general sense, poor hygiene practice could be any of the following: Handling food without washing hands. Leaving paper towels, toilet paper and body fluids on the bathroom floor. Not adhering to a clean desk policy by leaving unwashed plates, rubbish, and clutter in a private workspace. Not showering and wearing unwashed clothing. Employer WHS duties relating to hygiene Under work health and safety laws, employers must provide and maintain a work environment that is safe and without risks to health. This includes ensuring workplace hygiene standards are met, providing appropriate facilities, and addressing hygiene risks that may affect staff health or safety. Employers who need help meeting these WHS obligations can access support from our WHS consultants. Hygiene in shared or hybrid workplaces Many workplaces now use shared desks, meeting rooms, and equipment. Employers should ensure shared areas are cleaned regularly and provide hygiene supplies such as wipes and sanitiser so employees can maintain cleanliness before and after use. Psychosocial hazards and workplace hygiene Poor hygiene can also contribute to psychosocial hazards in the workplace. Issues such as unpleasant odours, unclean shared spaces, or repeated hygiene concerns can affect employee wellbeing, morale, and comfort. Under WHS laws, employers must manage both physical and psychosocial risks, which includes addressing hygiene concerns promptly and respectfully. How do you maintain a hygienic workplace? Implement a workplace hygiene policy Provide staff with a written workplace hygiene policy. Inform them of your intentions and expectations for a clean workplace. This helps communicate to staff that a hygienic workplace is a serious issue. A hygiene policy might include an employer’s expectations about: Personal hygiene rules – Including regularly washing hair, hand washing and grooming. Not attending work with a contagious illness – This can help with infection control. A clean desk policy- Employees might be responsible for cleaning and tidying their own desk. A kitchen hygiene policy – Including how to prepare food safely and maintain good hygiene practices while preparing food, eating and cleaning up afterwards. Rules to ensure staff maintain hygiene in the staff bathroom. This hygiene policy can be included in your employee handbook and shared via internal communication (you could send email reminders and place posters around the workspace). Keep bathrooms and kitchens clean Bathrooms and kitchens are a breeding ground for bacteria and a workplace environment where it’s vital to have high levels of hygiene discipline. To maintain basic hygiene in your bathrooms, ensure they are well stocked with antibacterial soap, toilet paper and hand towels. You should also remind employees using the bathroom to wash their hands and leave the sink and cubicles clean for other staff. Keeping the office kitchen hygienic is also crucial and you should ensure all staff clean up after themselves when preparing and eating food. Pay close attention to high-use areas, such as the fridge, surfaces and sink. Regular cleaning and maintenance of utensils and equipment is a must in any workplace hygiene policy. Provide antibacterial wipes, sanitiser and tissues Provide items such as antibacterial wipes, sanitisers, and tissues to help your staff maintain a clean and hygienic workspace. Employees are more likely to use these items if they are readily available. Shared facilities and equipment can soon harbor high levels of harmful bacteria. High risk ‘hotspots’ to regularly clean include: Bathrooms: toilets, toilet bowls, cubicle handles, flush buttons/handles. Common areas: kitchens, cafeterias, hallways. Reception and entrance areas: reception desks, sign-in clipboards, pens, door handles. Lifts and stairwells: handrails, lift buttons. Desks and meeting rooms: keyboards, equipment, monitors. Keep your workplace clean Make sure your workplace is regularly cleaned. Not only does this help prevent the spread of infection, but a presentable workplace also maintains a sense of professionalism. You might choose to implement a cleaning schedule, with responsibilities divided between staff. If you don’t have capacity within your own team to clean your workplace, you could consider contacting an external cleaning service. Handwashing Ask all employees and visitors to wash and dry their hands:  Before and after eating After coughing or sneezing After going to the toilet When changing tasks and after touching potentially contaminated surfaces. An alcohol-based hand sanitiser with at least 60% ethanol or 70% isopropanol as the active ingredient must be used as per the manufacturer’s instructions when it is not possible to wash and dry hands. Why is it important to maintain personal hygiene? Personal hygiene refers to the cleanliness, appearance and habits of employees. Personal hygiene of employees, for obvious reasons, can be a sensitive issue for business owners and staff alike. An official policy helps to ease any awkwardness, as employees will understand what is expected of them. Personal hygiene requires everyone at the workplace to:  Cover their coughs and sneezes with their elbow or a clean tissue.  Avoid touching their face, eyes, nose and mouth.  Dispose of tissues and cigarette butts hygienically (e.g in closed bins).  Wash and dry their hands after smoking a cigarette.   Stay home when they have an infectious illness. You can ensure your staff practice personal hygiene by asking that they regularly shower, wash their hair and facial hair, groom, clean their nails, and wash their work clothes.

Blog

How do I Terminate an Employee During Probation?

What is employee probation? ‘Probation’ is not a term used by the Fair Work Act 2009 (the Act). The Act refers to a Minimum Employment Period, which is determined by the amount of time the employee has worked in the business and the size of the business. The minimum employment period is the minimum period an employee must be engaged in the business before they may have access to an unfair dismissal claim if you terminate their employment. For a small business with fewer than 15 employees this is 12 months, otherwise it is six months. During the minimum engagement period an employee may be terminated subject to written notice in accordance with the relevant provisions of the National Employment Standards (NES), the applicable industrial instrument or their employment contract.  Many consider it is best practice for an employer to have a policy relating to managing and possibly terminating employees during their probationary period. The first step, before the employee even starts working at your business, is drafting an employment contract clearly stating the length of the probationary period including the start and the end dates. Specify in what circumstances the probation may be extended and for how long. In the first week of employment, it is considered best practice to tell the employee what you expect from them in terms of skills, tasks, deadlines, and conduct. Dismissing an employee during their probation period Before the probationary period ends, you should meet with the employee and let them know whether they have passed probation. If they are unsuccessful, you can extend their probationary period if the contract, award or registered agreement allow for it, or you can end their employment. If you are ending their employment, it's considered best practice to meet with the employee to provide feedback about their performance or conduct and explain why the probation period was unsuccessful. Under the National Employment Standards set out in the Fair Work Act 2009, you need to give an employee written notice to end their employment. The written notice should specify the period of notice given (or payment in lieu of notice), and the date the employment will end. If they are outside the minimum engagement period, an additional process will be required. Call the Fair Work Helpline for Employers by Peninsula for free initial hr advice on terminating an employee outside of the minimum engagement period on 1300 761 935. Always confirm the outcome of the meeting in writing to the employee whether they are successful or unsuccessful, and if you are extending the probation or terminating their employment. Keep a copy as well as a written record of the discussion during the meeting. Termination rules during probation (notice, minimum employment period & valid reasons) If you choose to terminate an employee during probation, always provide a reason that can be supported with evidence if required.     If the probation period has gone beyond the minimum employment period, the Fair Work Commission has determined you should not dismiss any employee without a valid, sound, and defensible reason given the circumstances, and a fair dismissal process. Minimising the risks of a subsequent unfair dismissal claim. Valid reasons are varied and fall under four key areas: Capacity – if the employee lacks the ability, or is incapable, of completing the inherent requirements of their role Performance – if the employee’s skill level or quality of work is below what is required for the job, or if they are not meeting the standards outlined in their employment contract due to a lack of care or diligence; Misconduct - when an employee's behaviour is out of line with company policy, goes against the terms of an employment agreement, or is unlawful. Redundancy - when an employer decides they no longer need an employee’s job to be done by anyone, or the employer becomes insolvent or bankrupt. Other reasons for dismissal may be valid if the employee does not have access to an unfair dismissal claim, provided those reasons don’t give rise to a general protections claim. The Fair Work Act 2009 provides protection from dismissal for employees in various circumstances, including in relation to workplace rights, industrial action and discrimination, among others. Notice and warning Employees who are on probation have the same entitlements as a permanent full-time or part-time employee, including wage entitlements, sick leave, annual leave, and notice period. Once you have decided you do not wish to continue their employment you should meet with the employee to inform them of the reasons their probation is unsuccessful. You are required to give the employee sufficient written notification of the day their employment will end. The notice period varies, depending on how long an employee has worked within the business, and the applicable industrial instrument or employment contract.  The employee can either work during the notice period or alternatively the employer must make payment of the notice in lieu, which is to be included in the employee’s final pay along with any other entitlements owing, which may include, outstanding wages and unused (annual) leave entitlements. Notice is paid at the employee’s full pay rate as if they had worked the minimum notice period, so payment in lieu of notice can include incentive-based payments and bonuses, loadings, allowances and overtime or penalty rates. General protection and discrimination risks when dismissing an employee The Act provides that an employee on probation can only bring an unfair dismissal claim after employment for a minimum of six months, or 12 months for a small business employer with fewer than 15 employees at the time of dismissal.   In most cases, probation periods rarely go beyond six months. However, as an employer, it’s essential to keep the minimum employment period in mind when you decide to extend a probationary employee’s period of employment. If you extend the period of employment beyond the minimum employment period and then terminate an employee, they may be able to bring bring an unfair dismissal claim against your business. This is different to a general protections claim. An employee may be able to initiate a general protections claim regardless of the length of their employment if the dismissal is for a prohibited reason, so due to discrimination based on race, age, gender and other such attributes, or because the employee exercised a workplace right, such as a request for work from home flexibility. Prohibited reasons include dismissal due to discrimination based on:  Age Disability Gender Marital status  Pregnancy Race Religion Sex and sexual orientation  Employers cannot terminate employees for protected reasons while they are on probation, for example because they filed a work complaint, acted as whistleblowers, or made an enquiry as to their pay.  As this is a complex area, if you are considering terminating an employee during their probation period Contact Peninsula for free initial advice and HR Support to help you manage your new employees, keep track of performance issues, and employee entitlements.   This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

Blog

Casual vs Part-Time Employees: What Are the Differences

If your business needs a helping hand and hiring a full-timer is too much of a commitment, it might be time to add a part-time or casual employee to your roster. Before you settle on one of these staffing solutions, it’s best to weigh up part‑time vs casual arrangements, the pros and cons of each, and how pay works, including differences in minimum wage in Australia and casual loading across Australia.     The basic differences Understanding what is casual work  Casual employment refers to hiring employees on an as-needed basis. Employing casuals can help businesses meet their staffing needs throughout peak periods and with big one-off projects or events.  Casual employees have no advance commitment from an employer on the number of hours, work patterns they will receive, and their services can be terminated without notice. Casual employees should have no expectation of ongoing work. A casual employee can also choose to accept or reject work. Defining what is part time work  A standard part time employee meaning applies to those working less than 38 hours per week, usually on a permanent basis. Sometimes part-time workers are employed on a fixed-term contract.  While casual employees have irregular hours, part-time staff will often have set hours and work patterns that apply each week. Check out our guide for a full list of types of employment contracts. Which industries hire casual and part-time employees?  Any kind of role in any kind of industry can be performed on a part-time basis. The same is true of casual employment, although there are certain industries which favour the flexibility of casual employment arrangements. According to a Parliamentary report:  Retail hires 19% of casual employees Hospitality hires 19% of casual employees  Healthcare hires 10% of casual employees  Small to medium-sized businesses regularly rely on casual employees, hiring 80% of the total Australian casual workforce.  Examples of casual and part-time jobs  Any job that requires less than full-time hours may be offered as a casual or part-time role. Some of the most common part-time and casual roles include:  Waiter/waitress  Bartender  Barista  Receptionist  Retail Assistant  Nurse   Differences in pay Casual workers are paid more than the normal hourly rate that full-time or part-time staff get paid in the same job. This is known as ‘casual loading’. Casual loading is normally set at 25%, although a modern award or enterprise agreement may stipulate a different amount.  For example, a restaurant that pays a part-time waitress a minimum wage of $24.95 per hour will pay a casual waitress $31.19 per hour.  Casual loading is usually the minimum wage plus 25% or a specific casual pay rate under an award, registered agreement, or employment contract. It is often seen as compensation for the uncertainty of hours of casual employment as well as unpaid entitlements. Casual hours per week vs what is part time hours Casual employees are given no advance commitment about the number of hours they will receive. A casual employee’s work patterns are also irregular, with their weekly schedule changing depending on the employer’s needs. The casual can then either accept, refuse, or swap shifts.  The maximum number of hours per week a casual employee can work in Australia is 38, although they can potentially work more than 38 hours per week if the schedule is deemed reasonable.  While casual employees have irregular hours and work patterns, a part-time worker will often have a fixed schedule.    Part-time employees agree to a set number of hours when signing their employment agreement, meaning employers can only reduce or increase these hours by mutual agreement.  Differences in leave entitlements Part-time employees are entitled to all the benefits covered by the Fair Work Act (2009), such as paid annual leave, paid sick leave, paid personal leave and paid carer’s leave. All the same benefits that a full-time employee receives are given to a part time worker, but they are calculated on a pro-rata basis.  While casual workers do not receive paid leave, they have basic leave entitlements that are covered by the National Employment Standards (NES):  Unpaid public holidays  2 days unpaid carer’s leave and 2 days unpaid compassionate leave per occasion  10 days unpaid family and domestic violence leave (in a 12-month period)  Unpaid community service leave (except paid jury service)  Pathway to permanent: casual employee rights Australia Since August 2024, casual employees have had a new pathway choice under the NES. Casual employees who have worked for the same enterprise for at least 12 months can formally request in writing to their employer their desire for part-time or full-time employment. In this case, they will receive all the entitlements that come with a permanent contract. The advantages and disadvantages of a casual employee Hiring casuals gives employers greater flexibility, allowing them to increase or decrease staffing levels on a basis of need. In a business where the demand for their product or service fluctuates, hiring casuals can be a practical solution. If the employer no longer needs their services, terminating a casual employee requires no notice or redundancy pay.  The biggest disadvantage with hiring casuals is the increased rates of pay. Additionally, a casual worker can take as much unpaid leave as they like, whenever they like. Similarly, there is no guarantee a casual will choose to work the shifts an employer offers them.  The advantages and disadvantages of a part-time employee Hiring part-time employees gives employers long-term solutions to their staffing needs, with fixed hours and work patterns. However, if the business’s needs change, the number of hours a part-time employee works can only be adjusted by mutual consent.  While part-time employees are paid less per hour, they will need to be paid for all their leave entitlements, while any additional benefits they receive will also need to be financed.  Deciding on a casual vs part time job role When it comes to deciding whether to hire a part-time or casual employee, there is no right or wrong answer. It will depend on the nature of your business and industry. Remember – if you hire a casual employee but your needs increase, there’s nothing to stop you from offering them a part-time contract. Similarly, a part-time contract can always be upscaled to full-time if business is booming. If you pick carefully from all the staffing options at your disposal, you should be able to build a flexible workforce that caters perfectly to the needs of your business.  How can Peninsula help? Peninsula has helped thousands of Australian businesses. If you need expert workplace relations or health and safety advice, our 24/7 Advice Line is available to all Australian business owners. Call today for free initial advice and expert HR Support.  Please note this article is intended to offer general information only. Before adjusting your hiring policies, practices or procedures, be sure to seek advice from a professional Human Resources expert.

Blog

Hygiene Procedures in the Workplace

Everyone should maintain personal hygiene at work. It’s professional, considerate, and creates a healthier environment for everyone. Good workplace hygiene can lead to a drastic reduction of illness, increasing staff attendance and productivity. On the other hand, poor hygiene practice can pose a health and safety risk to a team, an office, or even an entire company. Many employers rely on our health and safety services to help manage these safety obligations. From the first day of employment, your employees should understand the company’s workplace hygiene and personal hygiene policies. If an employee’s lack of personal hygiene becomes a problem, you must address it (even if it means having a serious conversation that’s awkward for all involved). Why is hygiene important in the workplace? People spread germs and pose a health risk in countless ways. They sneeze without a tissue, leave dirty cups in the office kitchen, and use the bathroom without washing their hands. Think these are minor issues? Think again. Sick leave is a huge cost for small businesses in Australia, reported to cost each company a whopping $20,000 every year on average. Hygiene measures are important because they contribute to a healthy workplace and a healthy workforce, meaning staff are happier, less likely to take sick leave and more productive. For both employers and employees, it’s a win-win scenario. Examples of poor hygiene practices at work So, what does poor hygiene look like in the workplace? It can take many forms. The hygiene practices your company needs to follow will depend on what the business does. If you run a restaurant or a bakery, you’ll need to take all the necessary hygiene precautions to maintain safe handling of food. If you work in a chemical plant, you’ll need a strict hygiene policy for using hazardous substances. In a general sense, poor hygiene practice could be any of the following: Handling food without washing hands. Leaving paper towels, toilet paper and body fluids on the bathroom floor. Not adhering to a clean desk policy by leaving unwashed plates, rubbish, and clutter in a private workspace. Not showering and wearing unwashed clothing. Employer WHS duties relating to hygiene Under work health and safety laws, employers must provide and maintain a work environment that is safe and without risks to health. This includes ensuring workplace hygiene standards are met, providing appropriate facilities, and addressing hygiene risks that may affect staff health or safety. Employers who need help meeting these WHS obligations can access support from our WHS consultants. Hygiene in shared or hybrid workplaces Many workplaces now use shared desks, meeting rooms, and equipment. Employers should ensure shared areas are cleaned regularly and provide hygiene supplies such as wipes and sanitiser so employees can maintain cleanliness before and after use. Psychosocial hazards and workplace hygiene Poor hygiene can also contribute to psychosocial hazards in the workplace. Issues such as unpleasant odours, unclean shared spaces, or repeated hygiene concerns can affect employee wellbeing, morale, and comfort. Under WHS laws, employers must manage both physical and psychosocial risks, which includes addressing hygiene concerns promptly and respectfully. How do you maintain a hygienic workplace? Implement a workplace hygiene policy Provide staff with a written workplace hygiene policy. Inform them of your intentions and expectations for a clean workplace. This helps communicate to staff that a hygienic workplace is a serious issue. A hygiene policy might include an employer’s expectations about: Personal hygiene rules – Including regularly washing hair, hand washing and grooming. Not attending work with a contagious illness – This can help with infection control. A clean desk policy- Employees might be responsible for cleaning and tidying their own desk. A kitchen hygiene policy – Including how to prepare food safely and maintain good hygiene practices while preparing food, eating and cleaning up afterwards. Rules to ensure staff maintain hygiene in the staff bathroom. This hygiene policy can be included in your employee handbook and shared via internal communication (you could send email reminders and place posters around the workspace). Keep bathrooms and kitchens clean Bathrooms and kitchens are a breeding ground for bacteria and a workplace environment where it’s vital to have high levels of hygiene discipline. To maintain basic hygiene in your bathrooms, ensure they are well stocked with antibacterial soap, toilet paper and hand towels. You should also remind employees using the bathroom to wash their hands and leave the sink and cubicles clean for other staff. Keeping the office kitchen hygienic is also crucial and you should ensure all staff clean up after themselves when preparing and eating food. Pay close attention to high-use areas, such as the fridge, surfaces and sink. Regular cleaning and maintenance of utensils and equipment is a must in any workplace hygiene policy. Provide antibacterial wipes, sanitiser and tissues Provide items such as antibacterial wipes, sanitisers, and tissues to help your staff maintain a clean and hygienic workspace. Employees are more likely to use these items if they are readily available. Shared facilities and equipment can soon harbor high levels of harmful bacteria. High risk ‘hotspots’ to regularly clean include: Bathrooms: toilets, toilet bowls, cubicle handles, flush buttons/handles. Common areas: kitchens, cafeterias, hallways. Reception and entrance areas: reception desks, sign-in clipboards, pens, door handles. Lifts and stairwells: handrails, lift buttons. Desks and meeting rooms: keyboards, equipment, monitors. Keep your workplace clean Make sure your workplace is regularly cleaned. Not only does this help prevent the spread of infection, but a presentable workplace also maintains a sense of professionalism. You might choose to implement a cleaning schedule, with responsibilities divided between staff. If you don’t have capacity within your own team to clean your workplace, you could consider contacting an external cleaning service. Handwashing Ask all employees and visitors to wash and dry their hands:  Before and after eating After coughing or sneezing After going to the toilet When changing tasks and after touching potentially contaminated surfaces. An alcohol-based hand sanitiser with at least 60% ethanol or 70% isopropanol as the active ingredient must be used as per the manufacturer’s instructions when it is not possible to wash and dry hands. Why is it important to maintain personal hygiene? Personal hygiene refers to the cleanliness, appearance and habits of employees. Personal hygiene of employees, for obvious reasons, can be a sensitive issue for business owners and staff alike. An official policy helps to ease any awkwardness, as employees will understand what is expected of them. Personal hygiene requires everyone at the workplace to:  Cover their coughs and sneezes with their elbow or a clean tissue.  Avoid touching their face, eyes, nose and mouth.  Dispose of tissues and cigarette butts hygienically (e.g in closed bins).  Wash and dry their hands after smoking a cigarette.   Stay home when they have an infectious illness. You can ensure your staff practice personal hygiene by asking that they regularly shower, wash their hair and facial hair, groom, clean their nails, and wash their work clothes.

Blog

How do I Terminate an Employee During Probation?

What is employee probation? ‘Probation’ is not a term used by the Fair Work Act 2009 (the Act). The Act refers to a Minimum Employment Period, which is determined by the amount of time the employee has worked in the business and the size of the business. The minimum employment period is the minimum period an employee must be engaged in the business before they may have access to an unfair dismissal claim if you terminate their employment. For a small business with fewer than 15 employees this is 12 months, otherwise it is six months. During the minimum engagement period an employee may be terminated subject to written notice in accordance with the relevant provisions of the National Employment Standards (NES), the applicable industrial instrument or their employment contract.  Many consider it is best practice for an employer to have a policy relating to managing and possibly terminating employees during their probationary period. The first step, before the employee even starts working at your business, is drafting an employment contract clearly stating the length of the probationary period including the start and the end dates. Specify in what circumstances the probation may be extended and for how long. In the first week of employment, it is considered best practice to tell the employee what you expect from them in terms of skills, tasks, deadlines, and conduct. Dismissing an employee during their probation period Before the probationary period ends, you should meet with the employee and let them know whether they have passed probation. If they are unsuccessful, you can extend their probationary period if the contract, award or registered agreement allow for it, or you can end their employment. If you are ending their employment, it's considered best practice to meet with the employee to provide feedback about their performance or conduct and explain why the probation period was unsuccessful. Under the National Employment Standards set out in the Fair Work Act 2009, you need to give an employee written notice to end their employment. The written notice should specify the period of notice given (or payment in lieu of notice), and the date the employment will end. If they are outside the minimum engagement period, an additional process will be required. Call the Fair Work Helpline for Employers by Peninsula for free initial hr advice on terminating an employee outside of the minimum engagement period on 1300 761 935. Always confirm the outcome of the meeting in writing to the employee whether they are successful or unsuccessful, and if you are extending the probation or terminating their employment. Keep a copy as well as a written record of the discussion during the meeting. Termination rules during probation (notice, minimum employment period & valid reasons) If you choose to terminate an employee during probation, always provide a reason that can be supported with evidence if required.     If the probation period has gone beyond the minimum employment period, the Fair Work Commission has determined you should not dismiss any employee without a valid, sound, and defensible reason given the circumstances, and a fair dismissal process. Minimising the risks of a subsequent unfair dismissal claim. Valid reasons are varied and fall under four key areas: Capacity – if the employee lacks the ability, or is incapable, of completing the inherent requirements of their role Performance – if the employee’s skill level or quality of work is below what is required for the job, or if they are not meeting the standards outlined in their employment contract due to a lack of care or diligence; Misconduct - when an employee's behaviour is out of line with company policy, goes against the terms of an employment agreement, or is unlawful. Redundancy - when an employer decides they no longer need an employee’s job to be done by anyone, or the employer becomes insolvent or bankrupt. Other reasons for dismissal may be valid if the employee does not have access to an unfair dismissal claim, provided those reasons don’t give rise to a general protections claim. The Fair Work Act 2009 provides protection from dismissal for employees in various circumstances, including in relation to workplace rights, industrial action and discrimination, among others. Notice and warning Employees who are on probation have the same entitlements as a permanent full-time or part-time employee, including wage entitlements, sick leave, annual leave, and notice period. Once you have decided you do not wish to continue their employment you should meet with the employee to inform them of the reasons their probation is unsuccessful. You are required to give the employee sufficient written notification of the day their employment will end. The notice period varies, depending on how long an employee has worked within the business, and the applicable industrial instrument or employment contract.  The employee can either work during the notice period or alternatively the employer must make payment of the notice in lieu, which is to be included in the employee’s final pay along with any other entitlements owing, which may include, outstanding wages and unused (annual) leave entitlements. Notice is paid at the employee’s full pay rate as if they had worked the minimum notice period, so payment in lieu of notice can include incentive-based payments and bonuses, loadings, allowances and overtime or penalty rates. General protection and discrimination risks when dismissing an employee The Act provides that an employee on probation can only bring an unfair dismissal claim after employment for a minimum of six months, or 12 months for a small business employer with fewer than 15 employees at the time of dismissal.   In most cases, probation periods rarely go beyond six months. However, as an employer, it’s essential to keep the minimum employment period in mind when you decide to extend a probationary employee’s period of employment. If you extend the period of employment beyond the minimum employment period and then terminate an employee, they may be able to bring bring an unfair dismissal claim against your business. This is different to a general protections claim. An employee may be able to initiate a general protections claim regardless of the length of their employment if the dismissal is for a prohibited reason, so due to discrimination based on race, age, gender and other such attributes, or because the employee exercised a workplace right, such as a request for work from home flexibility. Prohibited reasons include dismissal due to discrimination based on:  Age Disability Gender Marital status  Pregnancy Race Religion Sex and sexual orientation  Employers cannot terminate employees for protected reasons while they are on probation, for example because they filed a work complaint, acted as whistleblowers, or made an enquiry as to their pay.  As this is a complex area, if you are considering terminating an employee during their probation period Contact Peninsula for free initial advice and HR Support to help you manage your new employees, keep track of performance issues, and employee entitlements.   This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

Blog

Casual vs Part-Time Employees: What Are the Differences

If your business needs a helping hand and hiring a full-timer is too much of a commitment, it might be time to add a part-time or casual employee to your roster. Before you settle on one of these staffing solutions, it’s best to weigh up part‑time vs casual arrangements, the pros and cons of each, and how pay works, including differences in minimum wage in Australia and casual loading across Australia.     The basic differences Understanding what is casual work  Casual employment refers to hiring employees on an as-needed basis. Employing casuals can help businesses meet their staffing needs throughout peak periods and with big one-off projects or events.  Casual employees have no advance commitment from an employer on the number of hours, work patterns they will receive, and their services can be terminated without notice. Casual employees should have no expectation of ongoing work. A casual employee can also choose to accept or reject work. Defining what is part time work  A standard part time employee meaning applies to those working less than 38 hours per week, usually on a permanent basis. Sometimes part-time workers are employed on a fixed-term contract.  While casual employees have irregular hours, part-time staff will often have set hours and work patterns that apply each week. Check out our guide for a full list of types of employment contracts. Which industries hire casual and part-time employees?  Any kind of role in any kind of industry can be performed on a part-time basis. The same is true of casual employment, although there are certain industries which favour the flexibility of casual employment arrangements. According to a Parliamentary report:  Retail hires 19% of casual employees Hospitality hires 19% of casual employees  Healthcare hires 10% of casual employees  Small to medium-sized businesses regularly rely on casual employees, hiring 80% of the total Australian casual workforce.  Examples of casual and part-time jobs  Any job that requires less than full-time hours may be offered as a casual or part-time role. Some of the most common part-time and casual roles include:  Waiter/waitress  Bartender  Barista  Receptionist  Retail Assistant  Nurse   Differences in pay Casual workers are paid more than the normal hourly rate that full-time or part-time staff get paid in the same job. This is known as ‘casual loading’. Casual loading is normally set at 25%, although a modern award or enterprise agreement may stipulate a different amount.  For example, a restaurant that pays a part-time waitress a minimum wage of $24.95 per hour will pay a casual waitress $31.19 per hour.  Casual loading is usually the minimum wage plus 25% or a specific casual pay rate under an award, registered agreement, or employment contract. It is often seen as compensation for the uncertainty of hours of casual employment as well as unpaid entitlements. Casual hours per week vs what is part time hours Casual employees are given no advance commitment about the number of hours they will receive. A casual employee’s work patterns are also irregular, with their weekly schedule changing depending on the employer’s needs. The casual can then either accept, refuse, or swap shifts.  The maximum number of hours per week a casual employee can work in Australia is 38, although they can potentially work more than 38 hours per week if the schedule is deemed reasonable.  While casual employees have irregular hours and work patterns, a part-time worker will often have a fixed schedule.    Part-time employees agree to a set number of hours when signing their employment agreement, meaning employers can only reduce or increase these hours by mutual agreement.  Differences in leave entitlements Part-time employees are entitled to all the benefits covered by the Fair Work Act (2009), such as paid annual leave, paid sick leave, paid personal leave and paid carer’s leave. All the same benefits that a full-time employee receives are given to a part time worker, but they are calculated on a pro-rata basis.  While casual workers do not receive paid leave, they have basic leave entitlements that are covered by the National Employment Standards (NES):  Unpaid public holidays  2 days unpaid carer’s leave and 2 days unpaid compassionate leave per occasion  10 days unpaid family and domestic violence leave (in a 12-month period)  Unpaid community service leave (except paid jury service)  Pathway to permanent: casual employee rights Australia Since August 2024, casual employees have had a new pathway choice under the NES. Casual employees who have worked for the same enterprise for at least 12 months can formally request in writing to their employer their desire for part-time or full-time employment. In this case, they will receive all the entitlements that come with a permanent contract. The advantages and disadvantages of a casual employee Hiring casuals gives employers greater flexibility, allowing them to increase or decrease staffing levels on a basis of need. In a business where the demand for their product or service fluctuates, hiring casuals can be a practical solution. If the employer no longer needs their services, terminating a casual employee requires no notice or redundancy pay.  The biggest disadvantage with hiring casuals is the increased rates of pay. Additionally, a casual worker can take as much unpaid leave as they like, whenever they like. Similarly, there is no guarantee a casual will choose to work the shifts an employer offers them.  The advantages and disadvantages of a part-time employee Hiring part-time employees gives employers long-term solutions to their staffing needs, with fixed hours and work patterns. However, if the business’s needs change, the number of hours a part-time employee works can only be adjusted by mutual consent.  While part-time employees are paid less per hour, they will need to be paid for all their leave entitlements, while any additional benefits they receive will also need to be financed.  Deciding on a casual vs part time job role When it comes to deciding whether to hire a part-time or casual employee, there is no right or wrong answer. It will depend on the nature of your business and industry. Remember – if you hire a casual employee but your needs increase, there’s nothing to stop you from offering them a part-time contract. Similarly, a part-time contract can always be upscaled to full-time if business is booming. If you pick carefully from all the staffing options at your disposal, you should be able to build a flexible workforce that caters perfectly to the needs of your business.  How can Peninsula help? Peninsula has helped thousands of Australian businesses. If you need expert workplace relations or health and safety advice, our 24/7 Advice Line is available to all Australian business owners. Call today for free initial advice and expert HR Support.  Please note this article is intended to offer general information only. Before adjusting your hiring policies, practices or procedures, be sure to seek advice from a professional Human Resources expert.