Abandonment of employment is a situation where an employee stops showing up for work without a valid reason or explanation, and without informing their employer of their intention to resign. Where employment ends by reason of abandonment, it is a termination at the employee’s initiative. However, not every absence or failure to report for work can be construed as abandonment of employment. What are some examples of situations where an employee may have abandoned their employment? An employee may be seen as having abandoned their employment in a number of circumstances. An obvious example of ab ..read more

IMPORTANT ANNOUNCEMENT Due to the holidays, the AGM has moved to 2024 (see details below). We look forward to seeing as many of our members as possible. WHEN: MONDAY 15th January, 2024 TIME: 7:00pm start WHERE: Via Zoom link, emailed to all registrants closer to the date.????’? ????????? ?????????? ??? ?? ????? ????: https://members.askhaba.com.au/dl.php?type=d&id=490 Register your attendance by emailing info@askhaba.com.au with your name, phone number, location and membership number, or proxy voting forms will be sent to all members in the coming days. The post AGM Announcement appea ..read more

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

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

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

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

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

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

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

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