Out-of-hours conduct could be work-related
HABA Blog
by Ask HABA
6d ago
Employees may sometimes engage in conduct outside their normal working hours or workplace that may have implications for their employment. For example, an employee may be involved in a criminal offence, or an inappropriate social media post or other action which affects their ability to perform their duties. In such circumstances employers may wonder whether they can take disciplinary action against the employee, or even dismiss them, for their out-of-hours conduct. When is out-of-hours conduct work-related? There is no clear-cut answer to this question, as the approach and criteria to determi ..read more
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Closing Loopholes Act has commenced – what’s changed?
HABA Blog
by Ask HABA
2w ago
Some changes took effect from 15 December 2023 and others are operative at various times in 2024 and 2025. Ai Group, on behalf of HABA, continues to be heavily engaged in consultation with the Government over the development of the legislation. Changes from 15 December 2023 Small business redundancy exemption There are new redundancy payment rules for businesses that downsize to become a small business employer during bankruptcy or liquidation. Under the Fair Work Act 2009 (Cth) (FW Act), a small business employer is one that employs fewer than 15 employees. Previously, the obligation on emplo ..read more
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Notification of Declaration to Amend our Constitution
HABA Blog
by Ask HABA
3w ago
IMPORTANT: On 5 February 2024 Hair and Beauty Australia filed a Reg 126 Declaration to amend our constitution as approved at our AGM on the 15th January 2024. A copy of the proposed changes was provided to all members but should you like a copy please contact us at info@askhaba.com.au and we can provide you with the proposed amended constitution. A copy of the Reg 126 Declaration is also available to members. The post Notification of Declaration to Amend our Constitution appeared first on Hair and Beauty Australia ..read more
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Public holidays and penalty rates during Christmas under the Hair and Beauty Industry Award 2020
HABA Blog
by Ask HABA
3M ago
With Christmas just around the corner, it’s important for employers to be aware of their obligations under the Hair and Beauty Industry Award 2020. In a previous article, employers were informed about their obligations with respect to the annual closedown – see article here To ensure that employees are paid their correct entitlements, employers should familiarise themselves with the public holidays that occur in their state or territory, as the public holidays can vary. Public holidays under the Fair Work Act Under the Fair Work Act 2009 (Cth) (FW Act), employees are entitled to be absent from ..read more
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Encountering financial difficulty? It’s never been more important to get the right advice.
HABA Blog
by Ask HABA
3M ago
An article developed by CPA Australia and Service NSW for Business discusses the importance of seeking support from your industry associations (Hair and Beauty Australia), NSW government business advisory services and your professional service providers (accountants, financial advisors or solicitors). Many hair and beauty businesses across NSW are facing economic challenges and seeking the right advice and support is crucial for their survival and growth. According to research from CPA Australia, many business owners tend to disengage and avoid seeking advice when they encounter financial di ..read more
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Removing an employee from a WhatsApp group was a dismissal
HABA Blog
by Ask HABA
3M ago
Technology has shaped the way we live and work, and some employers even use social media platforms as a rostering and communication tool. While this has benefits for businesses, it can also expose them to legal challenges. Student working in a kebab shop was removed from a WhatsApp Group after raising underpayment concerns In a recent decision, the Fair Work Commission (FWC) rejected the employer’s claim that a dismissal had not occurred. The case involved an employee being removed from a WhatsApp group dedicated to allocating shifts. The FWC held that the act of removing the employee from the ..read more
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Taking Annual Leave in Advance
HABA Blog
by Ask HABA
4M ago
Where an employer intends to shut down over the festive season and employees do not have enough annual leave to cover the entire period, an option may be for the employee to take annual leave in advance. Hair and Beauty Industry Award 2020 The Hair and Beauty Industry Award 2020 contains provisions which allow an employer and an employee to agree in writing to the employee taking a period of paid annual leave before they have accrued the entitlement. This arrangement is commonly referred to as “annual leave in advance” and is found in clause 24.4 of the award. What is required to take annual l ..read more
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Christmas Shutdowns
HABA Blog
by Ask HABA
4M ago
Christmas Shutdowns Earlier this year, the Fair Work Commission (FWC) varied the annual leave shutdown provisions in modern awards and replaced them with a model annual leave shutdown clause. Please refer to our article in February on the Annual Leave Shutdown Provisions With the Christmas period soon upon us, many businesses will be considering whether to shut down and for how long. Strict rules apply for shutdowns, so everyone needs to be prepared. The rules governing periods of shutdown for employers and employees under the national workplace relations system are set out in the National Emp ..read more
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Annual Leave Shutdown provisions in modern awards
HABA Blog
by Ask HABA
4M ago
Background The Fair Work Commission (FWC) has decided to significantly vary the annual leave shutdown provisions in 78 modern awards including the Hair and Beauty Industry Award 2020 (the Award) by replacing them with a new model annual leave shutdown clause which is set out below. The FWC will publish proposed determinations setting out the specific changes to the Award. The most significant change will be the ability for the employer and employee to agree on taking a period of unpaid leave during a shutdown. Model clause XX.XX Direction to take annual leave during shutdown (a) Clause XX ..read more
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Hairdresser dismissed for having ‘no pleasant personality’ and ‘no patience’ wins the right to making a general protections claim
HABA Blog
by Ask HABA
6M ago
In July 2022, CJ Onetree Pty Ltd (the Company) employed Ms Kim (the Employee) as a hairdresser on a full-time basis. Ms Choi (Director Choi) was Ms Kim’s manager as well as a director of the company. In March 2023, Ms Kim asked Director Choi if she could take a period of personal leave as she felt unwell and sent her several extracts from workplace instruments about her entitlements. After a series of text messages, Ms Kim claimed that Director Choi responded saying that she was unable to “fulfill” such requirements and that it “would be good if you can look for a workplace that suits you.” Di ..read more
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