Employee Rights

Daily Archives: October 27, 2020

Dismissals List, Don’t Be On It, Be Flexible

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Going through the dismissals process can be tough, avoid it

I am stating the obvious when I say that employers in these troubling times are downsizing, dismissing staff, making more and more employees are redundant.

This has lead to increased enquires with us for unfair dismissals, general protections enquires, redundancy issues, unlawful terminations, the list is almost endless.

Dismissals are on the increase. But the question a lot of employees asked are why are they letting me go? I was a really good worker, I’ve been there the longest, my figure are the best, I made budget. Why not someone else. Companies over the last few months now have dismissed their troublesome employees, work cover, complainers, the ill, the injured, Coming back from maternity leave, the higher paid. So who’s next? Is my question.

What companies are now looking for is employees that are flexible, who fit in, fill in, not every time the employer asks for something to be done, the employee wants to look up their employment contact to see if its in it, before they decide to do it or not.

However what’s a reasonable request to one employee is not reasonable to another. Presently I think too many employees are resigning, some 8 weeks out from Xmas without thinking of the ramifications through of their actions. How long will I really be out of work, its tough out there at the moment if you’re in the job market.

An option is to take your dispute to the Fair work Commission as a General protections application not involving dismissals, or a anti bullying complaint. Be aware you cannot just go to the Fair work Commission because you don’t agree with what your employer is doing, you must have grounds under the FWC Act. (check with us)

There is no doubt the pendulum has swung to the employer, but you still have rights, you don’t have to be trampled on. The key is to some how find middle ground, your happy with your job and pay, the employer is satisfied with what they are achiving with your labor, having stated that, its not that easy.

It will be interesting with the lockdowns finishing and the winding back of job keeper, that there will be employees who will refuse to return to work, arguing continued health concerns, equally there will be many cases employees will face coming back to different position from which they had left previously. The effects of the pandemic on the economy means nothing will be same again.

Think about being more flexible, fit in so you keep your job, not being in the next lot of redundancies, don’t resign, call us, get advice, you are entitled to excise your workplace rights and not be subject to adverse action, discrimination, being bullied, as a result. There is no doubt employers want more output for their labor dollar. It’s certainly a fine balance in these difficult times.

As A Guide Consider The Following: Look at these turbulent times as a opportunity.

New adaptable work arrangements offer numerous benefits to both employers and employees. Such benefits include:

  • Assisting in recruiting efforts.
  • Enhancing worker morale.
  • Managing employee attendance and reducing absenteeism.
  • Improving retention of good workers.
  • Boosting productivity.
  • Creating a better work/life balance for workers.
  • Minimizing harmful impact on global ecology. Certain flexible work arrangements can contribute to sustainability efforts by reducing carbon emissions and workplace “footprints” in terms of creation of new office buildings.
  • Allowing for business continuity during emergency circumstances such as a weather disaster or pandemic.
  • Travel. Conferencing technology like Skype would reduce travel expenses.
  • Technology. Upgrading technology would help the company stay competitive and build Unilever’s brand as a best place to work. Costs would be offset by other savings.
  • Real estate. Cubicles and offices would be converted to communal facilities, thereby reducing space requirements by 30 percent. Sites would be converted gradually as leases expired.
  • Health. Onsite fitness facilities would increase employee satisfaction, help reduce illness and cut insurance costs.
  • Work/life balance. Empowering workers would enhance work/life balance. Satisfaction ratings would rise, and recruitment would become easier.
  • Sustainability. Reducing travel, office energy costs and paperwork would decrease the environmental footprint.
  • Retention and engagement. Flexibility would enhance the employer value proposition, improving retention and supporting diversity


  • Keeping programs relevant to workers’ real needs/wants.
  • Focusing on the unique needs of specific groups of workers without creating a second class of workers and without engaging in unlawful disparate treatment or disparate impact discrimination.
  • Communicating broadly to achieve the benefits of flexible work arrangements.
  • Exercising caution when eliminating a program that is not working or is no longer relevant to enough workers. Any loss of a benefit can impair morale, even if only a few workers had used it. Employers should consider phasing out unproductive programs over time.

In addition, managing the change from a traditional work environment to one with more flexible work arrangements can create or throw a spotlight on various managerial trouble spots, such as:

  • Employees resistance to change.
  • Control issues, especially in terms of supervision of work.
  • Working as a team with far-flung members and highly variant schedules.
  • Maintaining safety and security of personnel and data.

Working From Home

Telecommuting, also known as telework or remote work, involves the use of computers and telecommunications technology to overcome the constraints of location or time on work. In a global economy, physical location has become less important than efficiency of operations. Remote work may occur from home, a telework center, or on an airplane or bus. Don’t be resistant to this, Zoom, Mircosoft Teams, etc is here to stay .

Concerned about a pending dismissals, general protection issues, being relocated, having your duties adjusted or being transferred, give A Whole New Approach a call, we are here to help, its free, 1800 333 666. We are not lawyers, but the nations leading workplace advisors. We one of the very few organisations that specialize in general protection applications. We work in all states. NSW, VIC, Qld, SA, Tas, WA

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