1 00:00:00,640 --> 00:00:00,960 Speaker 1: Hello. 2 00:00:01,520 --> 00:00:05,360 Speaker 2: My name's Santasha Nabananga Bamblet. I'm a proud yr the Order, 3 00:00:05,559 --> 00:00:08,960 Speaker 2: Kernie Whoalbury and a waddery woman. And before we get 4 00:00:08,960 --> 00:00:11,560 Speaker 2: started on She's on the Money podcast, I would like 5 00:00:11,600 --> 00:00:14,760 Speaker 2: to acknowledge the traditional custodians of the land of which 6 00:00:14,800 --> 00:00:19,280 Speaker 2: this podcast is recorded on a wondery country, acknowledging the elders, 7 00:00:19,320 --> 00:00:23,319 Speaker 2: the ancestors and the next generation coming through as this 8 00:00:23,400 --> 00:00:28,080 Speaker 2: podcast is about connecting, empowering, knowledge sharing and the storytelling 9 00:00:28,360 --> 00:00:31,600 Speaker 2: of you to make a difference for today and lasting 10 00:00:31,640 --> 00:00:32,599 Speaker 2: impact for tomorrow. 11 00:00:33,280 --> 00:00:34,120 Speaker 1: Let's get into it. 12 00:00:34,760 --> 00:00:54,080 Speaker 3: She's on the Money, She's on the Money. 13 00:00:57,760 --> 00:01:00,720 Speaker 4: Hello, and welcome to She's on the Money, the podcast 14 00:01:00,800 --> 00:01:04,440 Speaker 4: for millennials who want financial freedom. My name is Georgia King, 15 00:01:04,680 --> 00:01:07,360 Speaker 4: and joining me as she does agent every single Wednesday, 16 00:01:07,480 --> 00:01:09,240 Speaker 4: is Miss Victoria Divine V. 17 00:01:09,400 --> 00:01:12,479 Speaker 1: How are we Georgia King? I am well what about you? 18 00:01:12,640 --> 00:01:15,200 Speaker 4: Yeah, good girl. So today we are going to talk 19 00:01:15,280 --> 00:01:18,800 Speaker 4: about employee rights. It is such a common concern in 20 00:01:18,840 --> 00:01:21,560 Speaker 4: the community and it can be very overwhelming when you're 21 00:01:21,560 --> 00:01:24,360 Speaker 4: in the middle of having your rights breached in the workplace. 22 00:01:24,880 --> 00:01:26,560 Speaker 4: But you do have rights, which is what we're going 23 00:01:26,600 --> 00:01:27,319 Speaker 4: to talk about today. 24 00:01:27,319 --> 00:01:30,200 Speaker 1: It's kind of helpful. Yeah, all right, so this episode 25 00:01:30,240 --> 00:01:32,640 Speaker 1: is pretty basic stuff, but there are a lot of 26 00:01:32,680 --> 00:01:34,800 Speaker 1: elements to discuss. Let's be honest. We want to get 27 00:01:34,840 --> 00:01:37,160 Speaker 1: you thinking about your rights and encourage you to check 28 00:01:37,160 --> 00:01:38,920 Speaker 1: out the links that are going to be published with 29 00:01:38,959 --> 00:01:41,360 Speaker 1: this episode to do more digging. If any of this 30 00:01:41,520 --> 00:01:44,520 Speaker 1: has raised concerns for you about you and your workplace, 31 00:01:44,760 --> 00:01:47,800 Speaker 1: which unfortunately, George, I'm seeing it all over TikTok, I'm 32 00:01:47,800 --> 00:01:50,440 Speaker 1: seeing it all over Instagram at the moment, people being like, 33 00:01:50,480 --> 00:01:52,880 Speaker 1: oh my gosh, my employer doesn't let me xyz and 34 00:01:52,920 --> 00:01:56,200 Speaker 1: it's blowing my mind. And I guess this is where 35 00:01:56,200 --> 00:01:58,600 Speaker 1: this topic has come from, because I'm just going, well, 36 00:01:58,920 --> 00:02:02,160 Speaker 1: people aren't being treated with the respect that they deserve, 37 00:02:02,160 --> 00:02:05,600 Speaker 1: and it's not just respect, it's actually just basic human rights, 38 00:02:06,160 --> 00:02:07,880 Speaker 1: and too many of us just take it as well. 39 00:02:07,920 --> 00:02:09,840 Speaker 1: That's how it works. Like they're the employer, they've got 40 00:02:09,840 --> 00:02:12,440 Speaker 1: the power. No sit down, seas like we are going 41 00:02:12,480 --> 00:02:14,280 Speaker 1: to school you. At the end of this episode, you 42 00:02:14,320 --> 00:02:15,840 Speaker 1: are going to be confident. You are going to be 43 00:02:15,880 --> 00:02:18,160 Speaker 1: telling your boss not to treat you like trash. And 44 00:02:18,160 --> 00:02:20,320 Speaker 1: if your boss isn't treating you like trash, hopefully you 45 00:02:20,360 --> 00:02:21,760 Speaker 1: can learn a few things. So if one of your 46 00:02:21,760 --> 00:02:23,880 Speaker 1: mates is like, all right, well my boss is not 47 00:02:23,919 --> 00:02:25,679 Speaker 1: being kind, you can be like, all right, sit down, 48 00:02:25,720 --> 00:02:26,480 Speaker 1: I got you. 49 00:02:26,560 --> 00:02:29,520 Speaker 4: Let me let me talk, let me tell you. Yes exactly, 50 00:02:29,560 --> 00:02:32,080 Speaker 4: So we're gonna be talking about industry awards and agreements, 51 00:02:32,240 --> 00:02:35,679 Speaker 4: so branuation, oh and s unfair dismissal, the fair work 52 00:02:35,720 --> 00:02:37,239 Speaker 4: Tribunal and so much more. 53 00:02:37,440 --> 00:02:40,280 Speaker 1: What a dream? You guys heard that list and we're like, wow, 54 00:02:40,360 --> 00:02:44,680 Speaker 1: sexy g king tell me more. And honestly, sadly, sometimes 55 00:02:44,720 --> 00:02:47,840 Speaker 1: employers are pretty backwards about coming forwards with your rights 56 00:02:47,880 --> 00:02:50,080 Speaker 1: and they just don't do things that they are legally 57 00:02:50,120 --> 00:02:52,600 Speaker 1: required to. And gee, you and I know that much 58 00:02:52,600 --> 00:02:55,840 Speaker 1: of our community are very early on in their employment journey, 59 00:02:56,040 --> 00:02:58,560 Speaker 1: so it's really easy to get taken advantage of. Sadly, 60 00:02:58,680 --> 00:03:00,280 Speaker 1: did you know that you actually need to be paid 61 00:03:00,280 --> 00:03:02,680 Speaker 1: for meetings? And like, did you ever work in retail? 62 00:03:02,720 --> 00:03:04,560 Speaker 4: G not retail but hosspone? 63 00:03:04,680 --> 00:03:07,200 Speaker 1: Yeah? Did they ever make you come in early? Yeah? 64 00:03:07,200 --> 00:03:09,720 Speaker 4: But pizza party? Oh? Sorry, not early, but that was. 65 00:03:09,680 --> 00:03:11,960 Speaker 1: After we go to the States. Yeah, yeah, no, you 66 00:03:12,040 --> 00:03:14,320 Speaker 1: needed to be paid for that, Nike, If that's a 67 00:03:14,360 --> 00:03:16,800 Speaker 1: work meeting. Come in, you want to come in fifteen 68 00:03:16,800 --> 00:03:19,120 Speaker 1: minutes early before you shift? Am I being paid? 69 00:03:19,400 --> 00:03:19,480 Speaker 4: No? 70 00:03:19,639 --> 00:03:21,359 Speaker 1: Well, I guess I don't need to be there there. 71 00:03:21,440 --> 00:03:24,440 Speaker 4: Oh I bloody you need some compensation. V. Let's start 72 00:03:24,440 --> 00:03:27,720 Speaker 4: with work conditions. There are rules about what employees get 73 00:03:27,760 --> 00:03:29,800 Speaker 4: at work, such as what hours they work, how often 74 00:03:29,960 --> 00:03:31,880 Speaker 4: they have to take a break, et cetera, et cetera. 75 00:03:32,000 --> 00:03:33,760 Speaker 4: Where is all of that stuff actually laid out? 76 00:03:33,919 --> 00:03:36,800 Speaker 1: So the rules are in lots of different places, such 77 00:03:36,840 --> 00:03:39,520 Speaker 1: as an award or a registered agreement or even your 78 00:03:39,560 --> 00:03:43,520 Speaker 1: employment contract, and an employee's minimum titlements are set out 79 00:03:43,560 --> 00:03:46,960 Speaker 1: in the National Employment Standards, which is called the NEES 80 00:03:47,120 --> 00:03:49,800 Speaker 1: for short, which is a registered agreement and can provide 81 00:03:49,840 --> 00:03:53,160 Speaker 1: for other entitlements, but those entitlements can't be less than 82 00:03:53,200 --> 00:03:55,800 Speaker 1: what's in the NES. So gee, if you've got an 83 00:03:55,800 --> 00:03:58,880 Speaker 1: employement agreement and it says you get one fifteen minute break, 84 00:03:59,000 --> 00:04:00,920 Speaker 1: but the NES is you get a half hour break, 85 00:04:00,960 --> 00:04:02,680 Speaker 1: you get a half hour break. It doesn't matter what 86 00:04:02,720 --> 00:04:05,080 Speaker 1: it says in your employment contract that any s is 87 00:04:05,120 --> 00:04:07,720 Speaker 1: the bare minimum. So if I were you and you 88 00:04:08,000 --> 00:04:10,720 Speaker 1: feel like maybe your employment contract is a little bit 89 00:04:10,760 --> 00:04:13,760 Speaker 1: more snug than it should be. I'd check that because 90 00:04:13,800 --> 00:04:17,040 Speaker 1: the reality is that any s is the bare minimum. 91 00:04:17,160 --> 00:04:20,279 Speaker 1: If an award covers the employee, the entitlements can't be 92 00:04:20,640 --> 00:04:25,000 Speaker 1: overall less than the award that exists. Employment contracts also 93 00:04:25,000 --> 00:04:27,719 Speaker 1: can't reduce someone's entitlements under the NES, which is what 94 00:04:27,760 --> 00:04:29,800 Speaker 1: I said before. But I've listed it down, so it's 95 00:04:29,800 --> 00:04:31,360 Speaker 1: just going to harp on about it, and you can 96 00:04:31,400 --> 00:04:34,760 Speaker 1: find employee pay rates or learn more about entitlements. You 97 00:04:34,800 --> 00:04:37,720 Speaker 1: can go to fair Work dot gov dot au obviously 98 00:04:37,800 --> 00:04:39,479 Speaker 1: g the link is going to be in the show notes. 99 00:04:39,560 --> 00:04:43,040 Speaker 4: Obviously. They also have a really good quiz on there 100 00:04:43,120 --> 00:04:45,840 Speaker 4: to bed where you can test your knowledge on common 101 00:04:45,960 --> 00:04:51,760 Speaker 4: employee entitlements so that like flexible working arrangement, it's it's 102 00:04:51,760 --> 00:04:53,440 Speaker 4: not fun. You're gonna love it, no love, You'll get 103 00:04:53,480 --> 00:04:53,960 Speaker 4: ten out of. 104 00:04:53,920 --> 00:04:56,200 Speaker 1: Ten, thank you. But I also would prefer to just 105 00:04:56,240 --> 00:04:58,040 Speaker 1: be treated properly, not have to do a quiz to 106 00:04:58,040 --> 00:04:59,080 Speaker 1: see if I know what my right. 107 00:04:59,360 --> 00:05:01,520 Speaker 4: Well, if anyone this thing is interested in the quiz, 108 00:05:01,520 --> 00:05:04,600 Speaker 4: it's called the Workplace Basics Quiz, and you'll find feedback 109 00:05:04,600 --> 00:05:07,920 Speaker 4: and links to helpful resources in there. A lot of fun. 110 00:05:08,160 --> 00:05:10,840 Speaker 4: But you mentioned awards earlier I did. 111 00:05:11,040 --> 00:05:13,359 Speaker 1: What is not like a first award or a second 112 00:05:13,440 --> 00:05:15,800 Speaker 1: award or a best like She's on the Money TITA 113 00:05:15,880 --> 00:05:18,520 Speaker 1: Member of the Week, which you clearly own and get 114 00:05:18,520 --> 00:05:22,080 Speaker 1: awarded every single week. But essentially, awards are legal documents 115 00:05:22,080 --> 00:05:25,080 Speaker 1: that outline the minimum pay rates and conditions for our 116 00:05:25,240 --> 00:05:28,480 Speaker 1: type of employment. There are actually heaps of these. There 117 00:05:28,480 --> 00:05:31,479 Speaker 1: are more than one hundred different industry or occupation awards 118 00:05:31,480 --> 00:05:34,279 Speaker 1: that cover most people who work in Australia. And again 119 00:05:34,320 --> 00:05:36,039 Speaker 1: we're going to plug the Fairwork website, but you can 120 00:05:36,080 --> 00:05:38,760 Speaker 1: find yours at Fairwork dot gov dot au, forward slash 121 00:05:38,800 --> 00:05:41,880 Speaker 1: employment conditions, forward slash Awards. But I wouldn't type that in. 122 00:05:41,920 --> 00:05:45,039 Speaker 1: I'd just go fair Work Awards, employment Conditions and like 123 00:05:45,080 --> 00:05:47,839 Speaker 1: google it and then it all come up. Yeah, quick hack. 124 00:05:47,960 --> 00:05:50,200 Speaker 1: You can actually solve most things by googling it. G 125 00:05:50,760 --> 00:05:53,279 Speaker 1: And spoiler alert, I'm probably going to say fair Work 126 00:05:53,320 --> 00:05:55,520 Speaker 1: about a million times in this episode because they are 127 00:05:55,560 --> 00:05:58,920 Speaker 1: the og for information when it comes to anything pertaining 128 00:05:58,920 --> 00:06:01,720 Speaker 1: to your rights at work. So get ready because you're 129 00:06:01,760 --> 00:06:02,840 Speaker 1: probably going to get sick of it. 130 00:06:02,920 --> 00:06:08,920 Speaker 4: Stunning love it. Let's talk leave entitlements, see annual. That's 131 00:06:08,960 --> 00:06:11,040 Speaker 4: all I can think of at the moment, who gets. 132 00:06:10,839 --> 00:06:13,880 Speaker 1: Again, we can get care is leave. All employees, except 133 00:06:13,920 --> 00:06:17,160 Speaker 1: for casual employees, get paid annual leave, and the entitlement 134 00:06:17,160 --> 00:06:19,480 Speaker 1: to annual leave actually comes from the NES. So our 135 00:06:19,560 --> 00:06:23,560 Speaker 1: National Employment Standards and Awards, enterprise agreements and other registered 136 00:06:23,600 --> 00:06:26,839 Speaker 1: agreements can't offer less than the ANYS, which I've said before, 137 00:06:27,040 --> 00:06:28,920 Speaker 1: but they can give you more. So that could be 138 00:06:28,960 --> 00:06:31,679 Speaker 1: a nice little spicy bonus. Like if the nes says 139 00:06:31,720 --> 00:06:33,360 Speaker 1: for your job that you get four weeks a year 140 00:06:33,400 --> 00:06:36,440 Speaker 1: and your boss is like, well, actually we are for five. Well, well, perk, 141 00:06:36,600 --> 00:06:39,600 Speaker 1: that's nice. That's different. That's unusual. 142 00:06:40,040 --> 00:06:43,560 Speaker 4: How much annual leave does an employee usually get. 143 00:06:43,760 --> 00:06:47,160 Speaker 1: So, as a standard for full time and part time employees, 144 00:06:47,240 --> 00:06:50,479 Speaker 1: it's four weeks of annual leave per annum based on 145 00:06:50,520 --> 00:06:54,360 Speaker 1: your ordinary hours of work, and then shift workers they 146 00:06:54,440 --> 00:06:57,080 Speaker 1: might get up to five weeks of annual leave according 147 00:06:57,080 --> 00:07:00,480 Speaker 1: to the NYS per year. Obviously, it's going to change, 148 00:07:00,480 --> 00:07:02,880 Speaker 1: it's going to be different. And even if your employment 149 00:07:02,920 --> 00:07:05,920 Speaker 1: contract says more than that, then great, wham bam, thank 150 00:07:05,960 --> 00:07:08,400 Speaker 1: you ma'am. That's very exciting. But if it's less then 151 00:07:08,440 --> 00:07:09,120 Speaker 1: it's a no for me. 152 00:07:09,720 --> 00:07:13,240 Speaker 4: Okay. There is also a stunning little leave calculator on 153 00:07:13,560 --> 00:07:17,040 Speaker 4: our favorite fairwork website as well. If you are a 154 00:07:17,200 --> 00:07:20,240 Speaker 4: title too, how does and you'll leave actually accumulation? 155 00:07:20,360 --> 00:07:22,320 Speaker 1: Okay, so before I answer that, I also want to 156 00:07:22,360 --> 00:07:24,560 Speaker 1: go back to your little calculator because it sounds really sexy. 157 00:07:24,680 --> 00:07:27,760 Speaker 1: Love a calculator. But you can also find your leave 158 00:07:27,920 --> 00:07:30,000 Speaker 1: entitlements and how much and you'll leave you have on 159 00:07:30,040 --> 00:07:32,680 Speaker 1: your pay sleep, so it should always keep track of that, 160 00:07:32,720 --> 00:07:35,320 Speaker 1: and it will tell you usually in hours not days. 161 00:07:35,320 --> 00:07:36,920 Speaker 1: It might be like, oh, you have four hours of 162 00:07:37,040 --> 00:07:39,080 Speaker 1: annual leave and you kind of accrue it that way, 163 00:07:39,160 --> 00:07:41,640 Speaker 1: so check that. Then you can cross check it based 164 00:07:41,680 --> 00:07:43,960 Speaker 1: on that calculator. I think is probably the best way 165 00:07:44,000 --> 00:07:45,840 Speaker 1: to do it. But let's go back to your question 166 00:07:45,960 --> 00:07:49,360 Speaker 1: about annual leave and how it accumulates. So and youual 167 00:07:49,400 --> 00:07:52,240 Speaker 1: ly accumulates from literally the first day you have of employment, 168 00:07:52,320 --> 00:07:54,680 Speaker 1: even if you're in a probation period, so you don't 169 00:07:54,720 --> 00:07:56,880 Speaker 1: have to wait to start getting annual leave, and leave 170 00:07:56,960 --> 00:08:00,320 Speaker 1: accumulates gradually during the year, and any unused and you'll 171 00:08:00,360 --> 00:08:03,200 Speaker 1: leave will and should roll over from year to year, 172 00:08:03,480 --> 00:08:05,560 Speaker 1: so your employee can't be like you didn't use it. 173 00:08:05,640 --> 00:08:06,920 Speaker 1: G So we're just going to put it in the 174 00:08:06,920 --> 00:08:10,280 Speaker 1: bin and start again. Yeap illegal not an option, and 175 00:08:10,360 --> 00:08:13,560 Speaker 1: you'll leave accumulates when an employee is on paid leave 176 00:08:13,680 --> 00:08:16,440 Speaker 1: as well, So if you're on paid annual leave and 177 00:08:16,600 --> 00:08:20,200 Speaker 1: paid sick cares leave, you actually still accumulate and you'll 178 00:08:20,320 --> 00:08:23,920 Speaker 1: leave community service leave, including jury duty, which I thought 179 00:08:23,960 --> 00:08:25,400 Speaker 1: I was going to have to do. Yeah, I thought 180 00:08:25,400 --> 00:08:26,720 Speaker 1: I was going to have to do a few years ago, 181 00:08:26,760 --> 00:08:30,160 Speaker 1: and then I got booted off. Your sad story. They 182 00:08:30,320 --> 00:08:33,240 Speaker 1: just thought that I would be too emotional about a 183 00:08:33,360 --> 00:08:36,680 Speaker 1: child issue. Oh they're not wrong. Would have been, so 184 00:08:36,760 --> 00:08:39,199 Speaker 1: it was probably a good yeat. And also if you're 185 00:08:39,240 --> 00:08:42,360 Speaker 1: on long service leave, you can accumulate it annually. Doesn't 186 00:08:42,400 --> 00:08:45,559 Speaker 1: accumulate though, when you're on unpaid and you'll leave, yeah, 187 00:08:45,559 --> 00:08:48,199 Speaker 1: because obviously like you're going into the negative. So that 188 00:08:48,440 --> 00:08:51,280 Speaker 1: kind of makes sense to me. Unpaid sick care is leave, 189 00:08:51,360 --> 00:08:55,040 Speaker 1: or parental leave or unpaid family and domestic violent sleeve. 190 00:08:55,160 --> 00:08:58,880 Speaker 1: So anything that's unpaid usually not accumulating any type of 191 00:08:58,880 --> 00:09:01,319 Speaker 1: anual leave. But if you're being paid to be on leave, 192 00:09:01,360 --> 00:09:03,280 Speaker 1: then yes, you are accruing. It is the tel D. 193 00:09:03,400 --> 00:09:06,400 Speaker 4: It's a good way of thinking of it. Sicklyve. Just 194 00:09:06,400 --> 00:09:09,360 Speaker 4: a quick side note here, you're entitled to ten days 195 00:09:09,440 --> 00:09:11,560 Speaker 4: or something like that per year out does that rollover 196 00:09:11,840 --> 00:09:12,640 Speaker 4: or no? 197 00:09:13,600 --> 00:09:15,840 Speaker 1: It usually is just ten a year and it doesn't 198 00:09:15,840 --> 00:09:17,960 Speaker 1: add up or roll over, And you also don't get 199 00:09:17,960 --> 00:09:20,319 Speaker 1: paid out sick leave when you leave. It's just kind 200 00:09:20,320 --> 00:09:22,040 Speaker 1: of a if you're not well and you need to 201 00:09:22,080 --> 00:09:25,280 Speaker 1: take some time off, we can do that. Some employers 202 00:09:25,280 --> 00:09:27,400 Speaker 1: will be a bit more flexible, and you know, gee, 203 00:09:27,400 --> 00:09:29,520 Speaker 1: if you're really sick, they'll be like, just gone sickly 204 00:09:29,520 --> 00:09:32,640 Speaker 1: if it's fine, or maybe they'll say, okay, well we 205 00:09:32,720 --> 00:09:35,480 Speaker 1: need a doctor's certificate to give you further like it 206 00:09:35,640 --> 00:09:38,360 Speaker 1: kind of is negotiable. But that in the NES is 207 00:09:38,400 --> 00:09:42,440 Speaker 1: the bare minimum on sick leave. Though, say you work 208 00:09:42,440 --> 00:09:45,079 Speaker 1: in retail. I'm a bit jaded here, George, because I 209 00:09:45,120 --> 00:09:47,200 Speaker 1: worked in retail for a very long time and I 210 00:09:47,280 --> 00:09:49,560 Speaker 1: just feel like the manager I was on a little 211 00:09:49,559 --> 00:09:52,400 Speaker 1: bit of a power trip that I didn't understand at 212 00:09:52,440 --> 00:09:54,720 Speaker 1: that point in time. But in hindsight, I'm like, whoa 213 00:09:54,800 --> 00:09:59,040 Speaker 1: victoria You put up with that ill? Your manager cannot 214 00:09:59,040 --> 00:10:01,160 Speaker 1: make you come in If you say, hey, I am 215 00:10:01,320 --> 00:10:04,800 Speaker 1: actually unwell, can't come into work today? They can't go, Oh, sorry, 216 00:10:04,800 --> 00:10:06,679 Speaker 1: we don't have anyone to cover your shift. George King, 217 00:10:06,880 --> 00:10:09,320 Speaker 1: You're gonna have to do it. No, sorry, manage it. 218 00:10:09,360 --> 00:10:12,000 Speaker 1: You're a manager, organize it. Yeah. Anyway, people are going 219 00:10:12,040 --> 00:10:14,440 Speaker 1: to be really not happy with me in this episode, 220 00:10:14,440 --> 00:10:15,560 Speaker 1: but I don't really care. 221 00:10:15,960 --> 00:10:19,400 Speaker 4: It's good. It's good VD. It's no secret superannuation is 222 00:10:19,520 --> 00:10:22,600 Speaker 4: your favorite topic in the whole wide world. 223 00:10:23,200 --> 00:10:25,840 Speaker 1: And wedding planning. That's also very close to my heart 224 00:10:25,840 --> 00:10:26,760 Speaker 1: at this point in time. 225 00:10:26,960 --> 00:10:29,920 Speaker 4: What to employers owe us when it comes to super Okay, so, 226 00:10:29,960 --> 00:10:30,440 Speaker 4: if you're. 227 00:10:30,320 --> 00:10:34,280 Speaker 1: An employee, you're typically entitled to compulsory super contributions from 228 00:10:34,320 --> 00:10:37,640 Speaker 1: your employer. Obviously there are different ways about it, but essentially, 229 00:10:37,640 --> 00:10:40,679 Speaker 1: if you're over the age of eighteen, absolutely everybody gets 230 00:10:40,720 --> 00:10:43,439 Speaker 1: paid super. Now, historically that wasn't the case. You had 231 00:10:43,440 --> 00:10:45,880 Speaker 1: to meet a minimum criteria of how much you earn 232 00:10:45,920 --> 00:10:50,280 Speaker 1: every fortnight to actually accumulate it. But now everyone who 233 00:10:50,320 --> 00:10:53,200 Speaker 1: is an adult that is working gets superannuation, which I 234 00:10:53,200 --> 00:10:57,120 Speaker 1: think is thriller, is exy, and these super guaranteed contributions 235 00:10:57,240 --> 00:10:59,880 Speaker 1: need to be a minimum amount based on your current 236 00:11:00,080 --> 00:11:03,560 Speaker 1: super guarantee rate of your ordinary earnings, which is an 237 00:11:03,559 --> 00:11:06,240 Speaker 1: absolute mouthful. But essentially, George, that right now is ten 238 00:11:06,280 --> 00:11:08,240 Speaker 1: and a half percent. So ten and a half percent 239 00:11:08,280 --> 00:11:10,960 Speaker 1: of your ordinary earnings needs to be paid into your 240 00:11:10,960 --> 00:11:15,760 Speaker 1: superannuation up to what is called the maximum contribution base. Obviously, 241 00:11:15,800 --> 00:11:17,800 Speaker 1: we're going to put in the show notes a link 242 00:11:17,880 --> 00:11:20,960 Speaker 1: to the super guarantees rate from the ato's website because 243 00:11:20,960 --> 00:11:23,000 Speaker 1: I love that website as well. But at the end 244 00:11:23,040 --> 00:11:25,680 Speaker 1: of the day, your super guarantee isn't going to be 245 00:11:25,760 --> 00:11:28,920 Speaker 1: less than somebody else's. And if an employer says, oh, gee, 246 00:11:28,920 --> 00:11:32,240 Speaker 1: well actually we only pay five percent super, no you don't. 247 00:11:32,679 --> 00:11:34,320 Speaker 1: That's not an option, right. 248 00:11:34,360 --> 00:11:37,880 Speaker 4: Okay, so you just mentioned some changes there, Va, did 249 00:11:37,920 --> 00:11:39,439 Speaker 4: you say this is going to be more. 250 00:11:39,280 --> 00:11:42,040 Speaker 1: Oh yes, yeah, going up from here at my love. 251 00:11:42,679 --> 00:11:45,280 Speaker 1: So essentially I did touch on it before because I 252 00:11:45,280 --> 00:11:48,079 Speaker 1: really like getting ahead of myself. Last year, your super 253 00:11:48,120 --> 00:11:50,199 Speaker 1: would have been a minimum of ten percent, and then 254 00:11:50,280 --> 00:11:52,640 Speaker 1: this year, as of July twenty twenty two, it went 255 00:11:52,720 --> 00:11:54,240 Speaker 1: up to ten and a half percent, and it's going 256 00:11:54,280 --> 00:11:56,800 Speaker 1: to keep going up. I said before that my favorite 257 00:11:56,800 --> 00:12:00,480 Speaker 1: thing about superannuation was that now everybody has access to it. 258 00:12:01,120 --> 00:12:04,160 Speaker 1: Prior to July first, twenty twenty two, you needed to 259 00:12:04,160 --> 00:12:06,240 Speaker 1: be paid more than four hundred and fifty dollars in 260 00:12:06,280 --> 00:12:09,960 Speaker 1: a month in addition to meeting all other eligibility criteria 261 00:12:10,040 --> 00:12:12,560 Speaker 1: to be eligible for Super. And now that has changed. 262 00:12:13,040 --> 00:12:15,840 Speaker 1: But the super guarantee or the SG, which you might 263 00:12:15,880 --> 00:12:17,920 Speaker 1: say on your pay sleep, I've had a few messages 264 00:12:17,960 --> 00:12:20,160 Speaker 1: from that. She's on the money community asking me what 265 00:12:20,320 --> 00:12:23,160 Speaker 1: SG on their pace slips is. It's super guarantee. It's 266 00:12:23,200 --> 00:12:27,320 Speaker 1: your superannuation. But essentially our super guarantee schedule is going 267 00:12:27,400 --> 00:12:30,160 Speaker 1: up and it's going to progressively increase each year by 268 00:12:30,280 --> 00:12:33,000 Speaker 1: point five percent to get to twelve percent by July 269 00:12:33,080 --> 00:12:35,559 Speaker 1: twenty twenty five, which I think is very very sexy. 270 00:12:35,640 --> 00:12:38,640 Speaker 4: That is lovely. That's nice, very nice. 271 00:12:38,720 --> 00:12:40,720 Speaker 1: If I'm being honest, it's still not enough for women 272 00:12:40,760 --> 00:12:43,319 Speaker 1: to retire comfortably. But that's another conversation we can have 273 00:12:43,360 --> 00:12:44,320 Speaker 1: another day, Georg. 274 00:12:44,160 --> 00:12:47,560 Speaker 4: Key, Sure we will, so B when doesn't my employer 275 00:12:47,600 --> 00:12:49,080 Speaker 4: have to make super contributions? 276 00:12:49,160 --> 00:12:51,560 Speaker 1: So if they're not your employer, So if you're like 277 00:12:51,559 --> 00:12:54,720 Speaker 1: a freelancer and you do your tax return by you know, 278 00:12:54,800 --> 00:12:57,360 Speaker 1: being a sole trader or a company, then it's actually 279 00:12:57,440 --> 00:13:00,480 Speaker 1: up to you to pay your own superannuation. That should 280 00:13:00,520 --> 00:13:02,920 Speaker 1: be built into your hourly rate, which is why freelancers 281 00:13:03,000 --> 00:13:06,560 Speaker 1: usually get paid more than a per hour employee generally. 282 00:13:07,080 --> 00:13:09,439 Speaker 1: But I looked on the ATO website and they also 283 00:13:09,559 --> 00:13:12,320 Speaker 1: do not have to pay you superannuation contributions. If you're 284 00:13:12,320 --> 00:13:14,680 Speaker 1: paid to do work of a private or domestic nature 285 00:13:14,960 --> 00:13:16,760 Speaker 1: for thirty hours or less each week. 286 00:13:16,880 --> 00:13:17,439 Speaker 4: What does that mean? 287 00:13:17,760 --> 00:13:20,280 Speaker 1: I don't know. It was on the ATO website. G King. 288 00:13:20,760 --> 00:13:23,280 Speaker 1: If you're a non Australian resident and you're paid to 289 00:13:23,360 --> 00:13:27,240 Speaker 1: do work outside Australia, which you're not an Australian resident, 290 00:13:27,280 --> 00:13:30,720 Speaker 1: and you're working overseas, why would I just I was like, okay, 291 00:13:30,800 --> 00:13:34,160 Speaker 1: mister Ato. The next is an Australian resident paid by 292 00:13:34,200 --> 00:13:37,880 Speaker 1: a non resident employer for work done outside of Australia. 293 00:13:38,679 --> 00:13:41,880 Speaker 1: I just you know, it's yeah, straight over my head 294 00:13:41,880 --> 00:13:45,240 Speaker 1: to Gking. If you're a senior foreign executive on a 295 00:13:45,240 --> 00:13:49,080 Speaker 1: certain class of visa sure, or you're temporarily working in 296 00:13:49,120 --> 00:13:52,240 Speaker 1: Australia for an overseas employer and are covered by the 297 00:13:52,280 --> 00:13:57,040 Speaker 1: superannuation provisions of a bi lateral social security agreement. So 298 00:13:57,200 --> 00:13:59,000 Speaker 1: you know what all of that is actually telling me 299 00:13:59,480 --> 00:14:02,440 Speaker 1: is no, nine point nine five percent of the time 300 00:14:02,480 --> 00:14:05,280 Speaker 1: your employer should be paying your super unless you really 301 00:14:05,320 --> 00:14:07,800 Speaker 1: resonated with any of those things that made no sense 302 00:14:07,840 --> 00:14:08,199 Speaker 1: to us. 303 00:14:09,360 --> 00:14:13,120 Speaker 4: Perfect. There's also a tool VD to work out if 304 00:14:13,120 --> 00:14:16,760 Speaker 4: you are eligible for Super Guarantee contributions on the ATO website. 305 00:14:16,840 --> 00:14:19,440 Speaker 1: It's way easier than that least I just read out, 306 00:14:19,480 --> 00:14:20,520 Speaker 1: So probably go try. 307 00:14:20,360 --> 00:14:22,000 Speaker 4: That, and it's going to be in the show notes. 308 00:14:22,040 --> 00:14:25,720 Speaker 4: Guys are to it. What do I do if I 309 00:14:25,760 --> 00:14:29,560 Speaker 4: found out my employer hasn't been paying my super riot brier. 310 00:14:29,360 --> 00:14:32,640 Speaker 1: Yeah, you start a riot, k No, But literally what 311 00:14:32,640 --> 00:14:35,360 Speaker 1: you're going to do is always check your superbalance. So 312 00:14:35,720 --> 00:14:37,800 Speaker 1: let's step back a little bit. We're not worried about 313 00:14:37,800 --> 00:14:40,520 Speaker 1: people who aren't paying SUPER yet, I actually am worried 314 00:14:40,520 --> 00:14:43,080 Speaker 1: that you're not keeping track of your super. Your super 315 00:14:43,280 --> 00:14:45,880 Speaker 1: is your money. As of this year, it is ten 316 00:14:46,040 --> 00:14:49,840 Speaker 1: point five percent of your savings. Most of us aren't 317 00:14:49,880 --> 00:14:53,560 Speaker 1: actually able to save that in our normal day to 318 00:14:53,680 --> 00:14:57,400 Speaker 1: day life, but you're currently investing that. That's really important. 319 00:14:57,520 --> 00:15:02,000 Speaker 1: Care about it. Superannuation can paid on different basises, so 320 00:15:02,120 --> 00:15:04,800 Speaker 1: your employer might choose to pay it monthly, but it 321 00:15:04,880 --> 00:15:07,520 Speaker 1: does need to be paid at a minimum quarterly. So 322 00:15:07,560 --> 00:15:11,200 Speaker 1: for example, I pay our superannuation every single quarter because 323 00:15:11,200 --> 00:15:13,600 Speaker 1: it's easier to just do it in a bulk lot, right, 324 00:15:13,880 --> 00:15:16,680 Speaker 1: So it's not hard for your employer to do it either. 325 00:15:16,800 --> 00:15:19,240 Speaker 1: G It's actually just as easy as paying a bill 326 00:15:19,360 --> 00:15:21,880 Speaker 1: on be pay. So if they're saying it's complicated, it 327 00:15:21,960 --> 00:15:25,240 Speaker 1: is not. I will school them. But essentially, what I 328 00:15:25,240 --> 00:15:27,160 Speaker 1: want to do before telling you what to do if 329 00:15:27,200 --> 00:15:29,680 Speaker 1: they're not paying you super is actually just be across it. 330 00:15:30,120 --> 00:15:32,760 Speaker 1: So many of us do not log into our super accounts. 331 00:15:32,800 --> 00:15:35,120 Speaker 1: We either don't know how much we have, or we go, oh, 332 00:15:35,160 --> 00:15:37,640 Speaker 1: it's probably about you know, twenty grand or thirty grand, 333 00:15:37,960 --> 00:15:40,920 Speaker 1: but we're not actually paying any attention to whether the 334 00:15:40,920 --> 00:15:43,800 Speaker 1: contributions are being made, Are they being invested, Are they 335 00:15:43,800 --> 00:15:46,600 Speaker 1: being invested in line with my values? Am I happy 336 00:15:46,640 --> 00:15:48,720 Speaker 1: with the risk profile that has been chosen on my 337 00:15:48,800 --> 00:15:51,200 Speaker 1: super account? Do I have more than one super account? 338 00:15:51,240 --> 00:15:53,520 Speaker 1: Am I paying double fees? These are all questions that 339 00:15:53,560 --> 00:15:56,520 Speaker 1: you need to ask yourself. And then furthering that, if 340 00:15:56,520 --> 00:15:58,720 Speaker 1: you go and look, my friend and find that your 341 00:15:58,720 --> 00:16:01,360 Speaker 1: employer has not been paying you super, gee, that's when 342 00:16:01,360 --> 00:16:04,160 Speaker 1: we riot okay. But also we are going to start 343 00:16:04,200 --> 00:16:07,160 Speaker 1: by having a conversation. We're gonna ask how they're paying 344 00:16:07,160 --> 00:16:09,920 Speaker 1: Super when they're paying Super, or even if they're aware 345 00:16:09,960 --> 00:16:12,600 Speaker 1: that they are legally required to pay Super, and go, hey, 346 00:16:12,680 --> 00:16:14,760 Speaker 1: guys like, I don't know if you know this, but like, 347 00:16:14,840 --> 00:16:17,760 Speaker 1: my super's not showing up. I feel like, Gee, in 348 00:16:17,800 --> 00:16:20,360 Speaker 1: these circumstances, it's easier to feign a little bit of 349 00:16:20,440 --> 00:16:23,000 Speaker 1: ignorance and go, oh my gosh, Gee, I don't really 350 00:16:23,080 --> 00:16:25,560 Speaker 1: know how my Super account works. But the other day 351 00:16:25,680 --> 00:16:27,600 Speaker 1: I logged in and I realized, like, none of my 352 00:16:27,680 --> 00:16:30,280 Speaker 1: contributions are going there. Could you just check what account 353 00:16:30,280 --> 00:16:32,520 Speaker 1: they're going through? Maybe I've given you an old account 354 00:16:32,520 --> 00:16:35,120 Speaker 1: that I've forgotten about, and I know that that we 355 00:16:35,120 --> 00:16:37,280 Speaker 1: shouldn't have to do that, And I'm not saying that 356 00:16:37,280 --> 00:16:40,160 Speaker 1: that's quoite the best way to do it, but you know, 357 00:16:40,160 --> 00:16:42,440 Speaker 1: knowing that she's on the money community, knowing me, knowing you, 358 00:16:42,600 --> 00:16:46,320 Speaker 1: that's an easier in to go you're not paying my Super. 359 00:16:46,680 --> 00:16:49,480 Speaker 1: Because it's also a very hard conversation to turn around 360 00:16:49,520 --> 00:16:52,080 Speaker 1: and be like, gee, you're not paying me, Like that's 361 00:16:52,120 --> 00:16:55,600 Speaker 1: messed up. So for me, let's find an easier way 362 00:16:55,760 --> 00:16:58,200 Speaker 1: to start that conversation of like, oh, what account is 363 00:16:58,200 --> 00:17:01,440 Speaker 1: it going into? And that my prompt them to scramble 364 00:17:01,440 --> 00:17:03,160 Speaker 1: and actually pay it and be like, oh my gosh, 365 00:17:03,160 --> 00:17:05,680 Speaker 1: our accounts the department messed up and they totally forgotten. 366 00:17:05,680 --> 00:17:07,919 Speaker 1: It's definitely somebody else's fault, not mine. But gee, I 367 00:17:07,960 --> 00:17:10,440 Speaker 1: looked after you and I fixed it when bam, Thank you, ma'am. 368 00:17:10,480 --> 00:17:12,760 Speaker 1: I'll just keep track of that because that isn't on. 369 00:17:12,960 --> 00:17:16,520 Speaker 1: But at least you're in the best possible circumstance. But two, 370 00:17:16,720 --> 00:17:20,560 Speaker 1: really understanding your rights there, nobody cannot pay your super. 371 00:17:20,960 --> 00:17:23,600 Speaker 1: If somebody is not paying you super, you can report it. 372 00:17:23,840 --> 00:17:25,840 Speaker 1: If they haven't paid you super, they actually owe you 373 00:17:25,960 --> 00:17:28,840 Speaker 1: interest on that money. So if they haven't paid you, 374 00:17:28,960 --> 00:17:31,920 Speaker 1: they actually owe you more than what the superannuation they 375 00:17:32,000 --> 00:17:35,080 Speaker 1: missed was. So say last year, g I didn't pay 376 00:17:35,119 --> 00:17:37,920 Speaker 1: your super five hundred bucks and the share market has 377 00:17:37,960 --> 00:17:41,080 Speaker 1: performed at seven percent, Well great, they also owe me 378 00:17:41,160 --> 00:17:43,600 Speaker 1: seven percent on the five hundred dollars that wasn't invested, 379 00:17:43,800 --> 00:17:45,639 Speaker 1: because it's not just the money I'm missing, it's the 380 00:17:45,680 --> 00:17:49,199 Speaker 1: potential returns for my future retirement. So that is actually 381 00:17:49,240 --> 00:17:51,920 Speaker 1: really big. And if you do report it to the ATO, 382 00:17:52,000 --> 00:17:54,520 Speaker 1: they can be fined in addition to that. So it's 383 00:17:54,640 --> 00:17:56,679 Speaker 1: very very bad, And to be honest, people go to 384 00:17:56,760 --> 00:17:59,840 Speaker 1: jail for not paying Super. It's not just a oh sorry, 385 00:18:00,000 --> 00:18:02,720 Speaker 1: I forgot it was a mix up. It's an actual offense. Yep, 386 00:18:02,800 --> 00:18:05,160 Speaker 1: you could go to the Slammer. So if you've talked 387 00:18:05,160 --> 00:18:07,240 Speaker 1: to your employer and that hasn't solved the problem, which 388 00:18:07,280 --> 00:18:10,720 Speaker 1: is really sad because his spicy insight into Victoria's life, 389 00:18:10,920 --> 00:18:14,600 Speaker 1: I have had a few messages recently from people in 390 00:18:14,920 --> 00:18:18,359 Speaker 1: my community, my local community, saying, ah, my employer hasn't 391 00:18:18,359 --> 00:18:21,520 Speaker 1: paid me Super. The next step is to actually lodge 392 00:18:21,560 --> 00:18:24,240 Speaker 1: a claim and report them to the ATO via their 393 00:18:24,280 --> 00:18:27,720 Speaker 1: online platform. So if you just google, obviously we're going 394 00:18:27,800 --> 00:18:29,280 Speaker 1: to put the link to the ATO website in the 395 00:18:29,280 --> 00:18:32,679 Speaker 1: show notes. But if you just google ATO report no 396 00:18:32,800 --> 00:18:36,639 Speaker 1: pay Superannuation, it will actually just come up immediately and 397 00:18:36,680 --> 00:18:39,119 Speaker 1: you can go through that. It is super easy, and 398 00:18:39,160 --> 00:18:42,080 Speaker 1: you'll let the ATO know about your unpaid Super, your 399 00:18:42,200 --> 00:18:45,959 Speaker 1: late Super payments or incorrect payments to the wrong fund, 400 00:18:46,080 --> 00:18:48,520 Speaker 1: and the ATO will investigate it on your behalf. They 401 00:18:48,600 --> 00:18:52,960 Speaker 1: take that stuff super seriously. Like it's very easy to report, 402 00:18:53,040 --> 00:18:55,560 Speaker 1: won't cost you anything, And to be honest, all you 403 00:18:55,640 --> 00:18:57,600 Speaker 1: have to do is say I haven't been paid super 404 00:18:57,760 --> 00:19:00,400 Speaker 1: Because the ATO has access to all your data, they can. 405 00:19:00,280 --> 00:19:03,159 Speaker 4: Check right, And so that is worth doing because you 406 00:19:03,200 --> 00:19:05,639 Speaker 4: know a lot of the time people are like, uh, swim, 407 00:19:05,680 --> 00:19:07,960 Speaker 4: but it's not going a couple of years ago. 408 00:19:08,080 --> 00:19:10,920 Speaker 1: No, No, that's your money, that's your real gem. And 409 00:19:11,119 --> 00:19:14,399 Speaker 1: also like taking it a little bit of a step further. 410 00:19:14,480 --> 00:19:17,440 Speaker 1: G sorry, if they've done that to you, they're doing 411 00:19:17,440 --> 00:19:19,119 Speaker 1: it to other people. I know you might go, oh, 412 00:19:19,160 --> 00:19:20,680 Speaker 1: it was only five hundred bucks, it was a couple 413 00:19:20,720 --> 00:19:23,040 Speaker 1: of years. Oh, I can't be bothered. Great, you know 414 00:19:23,160 --> 00:19:26,320 Speaker 1: better now, But those poor people that are currently working 415 00:19:26,320 --> 00:19:29,280 Speaker 1: for that employer are probably being treated in exactly the 416 00:19:29,320 --> 00:19:32,040 Speaker 1: same way. And to be honest, I think, you know, 417 00:19:32,280 --> 00:19:35,119 Speaker 1: in a kind of community way, we have an obligation 418 00:19:35,240 --> 00:19:38,440 Speaker 1: to look after other people, and that's one of those obligations. 419 00:19:38,720 --> 00:19:40,600 Speaker 1: Like I know you don't care about the five hundred bucks, 420 00:19:40,680 --> 00:19:43,240 Speaker 1: but to me, it's principle. It's making sure that the 421 00:19:43,280 --> 00:19:47,119 Speaker 1: future of that company is treated as well as you should. 422 00:19:46,880 --> 00:19:48,960 Speaker 4: Have been perfect, and I would care about the five 423 00:19:49,040 --> 00:19:51,359 Speaker 4: hundred bucks. The on that note, let's put a little 424 00:19:51,400 --> 00:19:53,280 Speaker 4: plug in it. But on the other side, we are 425 00:19:53,320 --> 00:19:56,040 Speaker 4: going to be covering off some sad stats grass yourself 426 00:19:56,280 --> 00:19:59,080 Speaker 4: and also talking about all things oh and S. So 427 00:19:59,119 --> 00:20:00,160 Speaker 4: don't go anywhere. 428 00:20:04,400 --> 00:20:04,480 Speaker 2: V. 429 00:20:04,600 --> 00:20:09,440 Speaker 4: Let's dive straight back in and talk about oh and S. 430 00:20:09,680 --> 00:20:12,800 Speaker 1: I heard sad Stashtale has come to the table. Here 431 00:20:12,880 --> 00:20:13,199 Speaker 1: she is. 432 00:20:13,280 --> 00:20:14,760 Speaker 4: It's good to be here. 433 00:20:15,200 --> 00:20:17,000 Speaker 1: So okay, be dramatic about it. 434 00:20:17,280 --> 00:20:20,199 Speaker 4: Did you know, No, we'll just be normal. Did you 435 00:20:20,280 --> 00:20:24,440 Speaker 4: know VD an Australian worker is seriously injured every two 436 00:20:24,520 --> 00:20:25,280 Speaker 4: to three minutes. 437 00:20:25,720 --> 00:20:27,880 Speaker 1: Really in twenty twenty two. 438 00:20:28,320 --> 00:20:29,200 Speaker 4: That is wild. 439 00:20:29,320 --> 00:20:31,520 Speaker 1: That's wild. I thought you were going to say, like 440 00:20:31,600 --> 00:20:36,200 Speaker 1: in nineteen twenty four. No, say no, it's twenty twenty two. 441 00:20:36,280 --> 00:20:37,040 Speaker 1: That's really sad. 442 00:20:37,400 --> 00:20:40,320 Speaker 4: Wait for it more sad stats to come. Tragically, one 443 00:20:40,400 --> 00:20:43,240 Speaker 4: hundred and ninety four people were fatally injured at work 444 00:20:43,280 --> 00:20:44,080 Speaker 4: in twenty twenty. 445 00:20:44,240 --> 00:20:47,920 Speaker 1: That's like a lot of people. I would really love 446 00:20:47,960 --> 00:20:50,480 Speaker 1: to see the stats George of like what types of 447 00:20:50,600 --> 00:20:52,440 Speaker 1: roles they're in, because that's wild. 448 00:20:53,119 --> 00:20:53,520 Speaker 4: Me too. 449 00:20:53,680 --> 00:20:56,159 Speaker 1: I'm sure they're not just walking into a podcast studio though. 450 00:20:56,040 --> 00:20:59,720 Speaker 4: And have thought so. Ninety six percent of worker fatalities 451 00:20:59,760 --> 00:21:01,120 Speaker 4: into twenty twenty were male. 452 00:21:01,480 --> 00:21:03,919 Speaker 1: I'm not surprised by that, to be honest. Well, that speaks, 453 00:21:04,000 --> 00:21:06,720 Speaker 1: you would just speaks transtruction traits. 454 00:21:07,080 --> 00:21:09,679 Speaker 4: Yeah. There were a total of one hundred and twenty thousand, 455 00:21:09,800 --> 00:21:13,240 Speaker 4: three hundred and fifty five serious workers compensation claims in 456 00:21:13,280 --> 00:21:16,960 Speaker 4: Australia in twenty nineteen to twenty twenty. This was an 457 00:21:17,000 --> 00:21:19,840 Speaker 4: increase from one hundred and fourteen thousand, four hundred and 458 00:21:19,880 --> 00:21:23,959 Speaker 4: thirty five claims in twenty eighteen to twenty nineteen. So 459 00:21:24,000 --> 00:21:25,000 Speaker 4: that's bloody massive. 460 00:21:25,200 --> 00:21:26,080 Speaker 1: Yeah, that's a lot. 461 00:21:26,480 --> 00:21:29,960 Speaker 4: And finally, the body stressing was the leading cause of 462 00:21:30,040 --> 00:21:33,320 Speaker 4: serious worker is compensation claims in twenty nineteen to twenty twenty, 463 00:21:33,359 --> 00:21:37,640 Speaker 4: accounting for thirty seven percent of all serious claims. Those 464 00:21:37,720 --> 00:21:41,200 Speaker 4: are sad, sad stats, Gal, really sad stats. I feel 465 00:21:41,200 --> 00:21:43,359 Speaker 4: like they're need to boody roll out more of those. 466 00:21:43,840 --> 00:21:47,280 Speaker 4: Work Work's safe at V. Let's talk more about OH 467 00:21:47,320 --> 00:21:49,000 Speaker 4: and S. What is it, how is it laid out? 468 00:21:49,000 --> 00:21:50,240 Speaker 4: And who enforces it? All? 469 00:21:50,320 --> 00:21:50,520 Speaker 2: Right? 470 00:21:50,600 --> 00:21:53,719 Speaker 1: So ohn S stands for Occupational Health and Safety and 471 00:21:53,920 --> 00:21:56,439 Speaker 1: the Occupational Health and Safety Act of two thousand and 472 00:21:56,480 --> 00:21:59,160 Speaker 1: four or just standard. Let's pretend we work in HR 473 00:21:59,200 --> 00:22:02,560 Speaker 1: for a second. The Act g yeah, is the main 474 00:22:02,680 --> 00:22:05,920 Speaker 1: workplace health and safety law in Australia. It sets out 475 00:22:06,000 --> 00:22:09,320 Speaker 1: key principles, duties, and rights all about h ands. Surprise, 476 00:22:09,760 --> 00:22:10,960 Speaker 1: but you didn't see that coming. 477 00:22:11,240 --> 00:22:11,800 Speaker 4: Makes sense. 478 00:22:11,920 --> 00:22:14,719 Speaker 1: It exists to protect the health, safety and welfare of 479 00:22:14,880 --> 00:22:18,080 Speaker 1: employees and other people at work. It aims to ensure 480 00:22:18,119 --> 00:22:20,119 Speaker 1: that the health and safety of the public is not 481 00:22:20,160 --> 00:22:22,600 Speaker 1: put at risk by work activities, which kind of just 482 00:22:22,680 --> 00:22:26,359 Speaker 1: makes sense. But given the stats you gave, clearly not 483 00:22:26,520 --> 00:22:29,760 Speaker 1: enough people are taking this seriously. Now, depending on your state, 484 00:22:29,840 --> 00:22:33,040 Speaker 1: you'll either have work safe or safe work. Well, that 485 00:22:33,240 --> 00:22:35,480 Speaker 1: just probably got a bit confused and then like really 486 00:22:35,560 --> 00:22:38,720 Speaker 1: stuck to their guns. It's safe work. Just a little 487 00:22:38,760 --> 00:22:41,520 Speaker 1: marketing mistake there, but it is their job to protect 488 00:22:41,520 --> 00:22:44,560 Speaker 1: the health, safety and welfare of employees and other people 489 00:22:44,560 --> 00:22:46,760 Speaker 1: at work. It also aims to ensure that the health 490 00:22:46,760 --> 00:22:49,200 Speaker 1: and safety of the public is not put at risk 491 00:22:49,280 --> 00:22:51,960 Speaker 1: by work activities. So I feel like that just makes sense. 492 00:22:52,320 --> 00:22:54,439 Speaker 1: But they will also Safe work or work Safe or 493 00:22:54,440 --> 00:22:57,720 Speaker 1: whoever you think you are, will monitor and enforce compliance 494 00:22:57,760 --> 00:23:00,840 Speaker 1: with the OH and S Act and regulations. They will 495 00:23:00,840 --> 00:23:03,880 Speaker 1: make recommendations to the Minister about the OH and S Act, 496 00:23:03,920 --> 00:23:07,200 Speaker 1: regulations and compliance codes. Their job is to promote public 497 00:23:07,200 --> 00:23:10,719 Speaker 1: awareness and discussion about occupational health safety and welfare issues. 498 00:23:10,760 --> 00:23:13,840 Speaker 1: And their job is also to publish OH and S statistics, 499 00:23:14,000 --> 00:23:16,360 Speaker 1: so maybe they're more legit stat scales than you are. 500 00:23:16,600 --> 00:23:17,119 Speaker 4: WHOA. 501 00:23:17,160 --> 00:23:20,199 Speaker 1: So you report incidents and make claims for injuries at 502 00:23:20,200 --> 00:23:22,960 Speaker 1: work through work safe or safe work. The guys in 503 00:23:23,000 --> 00:23:26,040 Speaker 1: New South Wales really just committed to it work safe none, no, no, 504 00:23:26,119 --> 00:23:29,520 Speaker 1: it's safe work, safe work. They're doing a parma parme. 505 00:23:31,960 --> 00:23:34,679 Speaker 1: It's clearly a parmer. I'm not a year to argue 506 00:23:34,680 --> 00:23:36,919 Speaker 1: with you. But if we got on the pod with 507 00:23:36,960 --> 00:23:40,119 Speaker 1: some people from New South Wales, they'd say pame. You 508 00:23:40,119 --> 00:23:40,440 Speaker 1: know what. 509 00:23:40,640 --> 00:23:43,960 Speaker 4: We counsel them v on that light note. Let's now 510 00:23:44,200 --> 00:23:46,560 Speaker 4: talk about discrimination. What's going on there. 511 00:23:46,640 --> 00:23:49,399 Speaker 1: It's not when somebody thinks it's a parmi and you 512 00:23:49,440 --> 00:23:52,040 Speaker 1: don't like them. But under the Fair Work Act of 513 00:23:52,080 --> 00:23:54,880 Speaker 1: two thousand and nine, it is unlawful for a workplace 514 00:23:54,920 --> 00:23:58,040 Speaker 1: to discriminate against full time, part time and casual employees, 515 00:23:58,160 --> 00:24:03,000 Speaker 1: probationary employees, apprentices, trainees and individuals employed for fixed periods 516 00:24:03,000 --> 00:24:06,240 Speaker 1: of time or task based on the following arguably anybody, 517 00:24:06,600 --> 00:24:10,280 Speaker 1: but based on race, color, sex, sexual orientation, age, physical 518 00:24:10,320 --> 00:24:14,960 Speaker 1: and mental disability, marital status, family or care as responsibilities, pregnancy, religion, 519 00:24:15,240 --> 00:24:18,600 Speaker 1: political opinion, national extraction, or social origin. And it is 520 00:24:18,720 --> 00:24:21,840 Speaker 1: unlawful to refuse to hire a prospective employee based on 521 00:24:21,840 --> 00:24:25,000 Speaker 1: one of the attributes that I just listed off really quickly. 522 00:24:25,400 --> 00:24:28,400 Speaker 1: Where an investigation finds that the employer has or had 523 00:24:28,520 --> 00:24:33,560 Speaker 1: discriminatory practices that are linked to adverse actions for employees 524 00:24:33,720 --> 00:24:38,440 Speaker 1: or prospective employees, the fair work ombanesman might take enforcement action, 525 00:24:38,520 --> 00:24:39,800 Speaker 1: which I think is very fair. 526 00:24:40,560 --> 00:24:44,040 Speaker 4: Okay, what do you mean by adverse action though? 527 00:24:44,040 --> 00:24:48,040 Speaker 1: Be okay? So adverse action taken by an employer includes 528 00:24:48,080 --> 00:24:51,200 Speaker 1: doing things, or threatening, or organizing any of the following 529 00:24:51,240 --> 00:24:53,320 Speaker 1: I've written a list, so sit down for this one. 530 00:24:53,400 --> 00:24:57,880 Speaker 1: Dismissing an employee, injuring an employee in their employment, altering 531 00:24:57,920 --> 00:25:02,600 Speaker 1: an employee's position to their detro, discriminating between one employee 532 00:25:02,600 --> 00:25:06,720 Speaker 1: and other employees, refusing to employ a prospective employee, or 533 00:25:07,080 --> 00:25:10,679 Speaker 1: discriminating against a prospective employee on the terms and conditions 534 00:25:10,720 --> 00:25:13,919 Speaker 1: in the offer of employment. So it's lengthy. 535 00:25:14,960 --> 00:25:18,320 Speaker 4: Is bullying, harassment and sexual harassment unlawful? As well? 536 00:25:19,040 --> 00:25:23,240 Speaker 1: Is Georgia King. Bullying and harassment, including sexual harassment, are 537 00:25:23,280 --> 00:25:26,840 Speaker 1: serious concerns for literally any workplace. And if bullying or 538 00:25:26,880 --> 00:25:29,320 Speaker 1: harassment is linked to one of the attributes that I 539 00:25:29,400 --> 00:25:32,399 Speaker 1: listed just before, so for example, like race, or sex 540 00:25:32,520 --> 00:25:36,199 Speaker 1: or religion, then it may be unlawful discrimination and the 541 00:25:36,240 --> 00:25:38,399 Speaker 1: Fair Work gobordsman has the power to deal with the 542 00:25:38,440 --> 00:25:42,000 Speaker 1: discrimination complaints. So when I say that they could literally 543 00:25:42,359 --> 00:25:45,120 Speaker 1: take you to court. It's not little and they're like, oh, 544 00:25:45,200 --> 00:25:47,479 Speaker 1: wrap over the nungles. We gave you this sign that 545 00:25:47,520 --> 00:25:51,560 Speaker 1: said you were naughty. No, it's like legally enforceable, and 546 00:25:51,680 --> 00:25:54,240 Speaker 1: sexual harassment at work can be a form of serious 547 00:25:54,280 --> 00:25:57,240 Speaker 1: misconduct and can also be a valid reason for dismissal 548 00:25:57,320 --> 00:25:59,920 Speaker 1: under the Fair Work Act. So the Fair Work Commission 549 00:26:00,280 --> 00:26:03,000 Speaker 1: or the FWC also has the power to issue orders 550 00:26:03,040 --> 00:26:06,520 Speaker 1: to stop sexual harassment or bullying in the workplace. Obviously 551 00:26:06,600 --> 00:26:08,200 Speaker 1: we are going to link that one in the show 552 00:26:08,240 --> 00:26:11,120 Speaker 1: notes as well, but that is FWC dot gov dot 553 00:26:11,160 --> 00:26:14,760 Speaker 1: au for more infogking. Obviously, if we're talking about this, 554 00:26:14,760 --> 00:26:17,080 Speaker 1: this is really serious. But I feel like so many 555 00:26:17,119 --> 00:26:21,199 Speaker 1: times we don't value ourselves in a way that we 556 00:26:21,359 --> 00:26:24,440 Speaker 1: should when we're going through circumstances like this. But if 557 00:26:24,480 --> 00:26:26,560 Speaker 1: this is happening to you or someone that you know, 558 00:26:26,640 --> 00:26:29,280 Speaker 1: you can actually go to the Fair Work obordsman work 559 00:26:29,320 --> 00:26:31,360 Speaker 1: safe or safe work or whatever the hell you're calling them, 560 00:26:31,680 --> 00:26:34,840 Speaker 1: or more importantly, g if you're being bullied and harassed 561 00:26:34,880 --> 00:26:37,080 Speaker 1: and your safety is at risk, you can go to 562 00:26:37,119 --> 00:26:39,840 Speaker 1: the police. Like, this is not a small thing, even 563 00:26:39,880 --> 00:26:42,480 Speaker 1: if it's happening in your workplace and you are being 564 00:26:42,600 --> 00:26:45,560 Speaker 1: paid to be there. If your safety is at risk, 565 00:26:45,600 --> 00:26:48,119 Speaker 1: I would literally march down to the police station. Because 566 00:26:48,359 --> 00:26:51,119 Speaker 1: I don't think enough of us take this really seriously. 567 00:26:51,480 --> 00:26:53,760 Speaker 1: It is a really serious issue. It needs to be 568 00:26:53,800 --> 00:26:54,840 Speaker 1: taken as such. 569 00:26:54,960 --> 00:26:57,160 Speaker 4: Would you say the first step before any of those 570 00:26:57,200 --> 00:26:58,680 Speaker 4: steps would be going to HR. 571 00:26:58,520 --> 00:27:01,879 Speaker 1: Or just just hand condition And it really depends on 572 00:27:01,920 --> 00:27:04,560 Speaker 1: who it is as well. Let's be honest, like, if 573 00:27:04,600 --> 00:27:07,280 Speaker 1: you know, we're in a big organization and it's a 574 00:27:07,320 --> 00:27:10,080 Speaker 1: big corporate and they have a HR department, obviously going 575 00:27:10,119 --> 00:27:12,640 Speaker 1: to the HR department would be my port of call. 576 00:27:12,960 --> 00:27:14,960 Speaker 1: To be honest, I'd probably go to my manager first 577 00:27:15,000 --> 00:27:16,600 Speaker 1: and talk about it if it's a colleague, But if 578 00:27:16,640 --> 00:27:19,680 Speaker 1: it's my manager, I'd go to HR and go from there. 579 00:27:19,800 --> 00:27:22,600 Speaker 1: But I think one of the things that we need 580 00:27:22,640 --> 00:27:25,560 Speaker 1: to be super aware of. You know, this isn't a 581 00:27:25,640 --> 00:27:30,240 Speaker 1: nice thing to say but organizations don't hire HR to 582 00:27:30,280 --> 00:27:33,560 Speaker 1: look after you Georgia, like your employer didn't hire HR 583 00:27:33,680 --> 00:27:36,320 Speaker 1: to make sure that Georgia King is protected. They hired 584 00:27:36,520 --> 00:27:39,239 Speaker 1: HR to make sure that the business is protected. And 585 00:27:39,440 --> 00:27:42,359 Speaker 1: as much as we go and HR are delightful, people 586 00:27:42,400 --> 00:27:44,480 Speaker 1: like some of my best friends work in HR, it's 587 00:27:44,520 --> 00:27:47,119 Speaker 1: not a problem. But they're hired by the organization to 588 00:27:47,200 --> 00:27:50,000 Speaker 1: protect the organization from any issues that arise, and that 589 00:27:50,080 --> 00:27:53,199 Speaker 1: means obviously supporting people through claims to make sure that 590 00:27:53,200 --> 00:27:57,800 Speaker 1: there's no ulterior outcome for the business. But if something's 591 00:27:57,800 --> 00:28:01,240 Speaker 1: happening and HR aren't doing their job, not just drop it. 592 00:28:01,240 --> 00:28:04,240 Speaker 1: It's go to fair work. It's take it further because 593 00:28:04,280 --> 00:28:06,639 Speaker 1: if they're dismissive of you or not treating you in 594 00:28:06,640 --> 00:28:10,120 Speaker 1: the way that you deserve one, I'm sometimes not surprised, 595 00:28:10,160 --> 00:28:12,960 Speaker 1: and I really shouldn't be, because you know that's the 596 00:28:13,000 --> 00:28:15,840 Speaker 1: way it works. But fair work exists for a reason, 597 00:28:15,960 --> 00:28:18,320 Speaker 1: and that's because the business is going to protect the 598 00:28:18,359 --> 00:28:20,560 Speaker 1: business at the end of the day. J So going 599 00:28:20,560 --> 00:28:22,560 Speaker 1: to fair work is something that I don't think we 600 00:28:22,560 --> 00:28:25,600 Speaker 1: should be as scared of as possible. And on that note, 601 00:28:25,600 --> 00:28:29,639 Speaker 1: Georgia King taking notes is massive one thing that is 602 00:28:29,680 --> 00:28:32,560 Speaker 1: going to you know, pay dividends if you're in a 603 00:28:32,640 --> 00:28:36,240 Speaker 1: circumstance where you're being bullied or going through some kind 604 00:28:36,280 --> 00:28:41,240 Speaker 1: of workplace harassment is journaling and keeping tabs on literally everything. 605 00:28:41,560 --> 00:28:43,719 Speaker 1: One of the best ways I have seen to do 606 00:28:43,760 --> 00:28:46,440 Speaker 1: this is actually just send yourself an email. Not from 607 00:28:46,480 --> 00:28:49,040 Speaker 1: your work email that would be silly, but go into 608 00:28:49,080 --> 00:28:52,000 Speaker 1: your personal email and send yourself emails of just like 609 00:28:52,000 --> 00:28:53,800 Speaker 1: maybe just like a file note of like today I 610 00:28:53,800 --> 00:28:56,520 Speaker 1: had a meeting with Georgia and she said XYZ, and 611 00:28:56,520 --> 00:28:58,800 Speaker 1: then I said this, and this is the outcome of that. Like, 612 00:28:58,840 --> 00:29:02,120 Speaker 1: they don't have to be formalized notes. But the reason 613 00:29:02,160 --> 00:29:05,000 Speaker 1: I like it in email is purely because it's also 614 00:29:05,160 --> 00:29:08,080 Speaker 1: time stamped. So if anything ever comes up and you 615 00:29:08,120 --> 00:29:09,840 Speaker 1: need to provide it one you can just print off 616 00:29:09,920 --> 00:29:11,960 Speaker 1: or send off the you know, the emails to fair 617 00:29:12,000 --> 00:29:14,320 Speaker 1: work to be like, yes, I tracked it, here's the information. 618 00:29:14,760 --> 00:29:17,160 Speaker 1: But two, our memories are not as kind to us 619 00:29:17,160 --> 00:29:19,320 Speaker 1: as they should be, and sometimes we forget the detail 620 00:29:19,400 --> 00:29:21,200 Speaker 1: or what they said, or you said something like this 621 00:29:21,280 --> 00:29:23,400 Speaker 1: and it offended me. But like in the moment, I 622 00:29:23,440 --> 00:29:25,880 Speaker 1: would just track it, shoot myself an email, make sure 623 00:29:25,880 --> 00:29:28,640 Speaker 1: that I've got it on record, and those time stamps 624 00:29:28,640 --> 00:29:30,880 Speaker 1: can come in handy. I hate that I have to 625 00:29:30,960 --> 00:29:34,320 Speaker 1: say this because these are the realities of some workplaces 626 00:29:34,360 --> 00:29:37,800 Speaker 1: here in Australia. But I think keeping ourselves safe is 627 00:29:38,040 --> 00:29:41,960 Speaker 1: primo and it's the most important thing. But also, what's 628 00:29:42,000 --> 00:29:44,880 Speaker 1: the worst that can happen. You don't use those notes, great, well, 629 00:29:44,880 --> 00:29:47,280 Speaker 1: just delete them later if you know they're not useful 630 00:29:47,320 --> 00:29:49,360 Speaker 1: at some point because you've got the outcome that you 631 00:29:49,480 --> 00:29:54,680 Speaker 1: needed from your workplace. But journal everything, notarize everything, and 632 00:29:54,760 --> 00:29:58,320 Speaker 1: if possible, like take as much detail down as as possible. 633 00:29:58,600 --> 00:30:01,920 Speaker 4: When you said the don't do it from your work email, Ye, 634 00:30:02,360 --> 00:30:04,280 Speaker 4: can our employees go through our EA? 635 00:30:04,400 --> 00:30:06,840 Speaker 1: Yes, of course they can. Of course they can. Yeah, 636 00:30:06,880 --> 00:30:09,400 Speaker 1: of course they can. And yeah, okay, so it'll be 637 00:30:09,440 --> 00:30:12,200 Speaker 1: in your employment contract. But nine times out of ten, 638 00:30:12,360 --> 00:30:15,040 Speaker 1: in your employment contract it'll say that that email is 639 00:30:15,080 --> 00:30:18,000 Speaker 1: owned by the company, not by you. Like George, she's 640 00:30:18,040 --> 00:30:19,719 Speaker 1: on the money dot com dot you. I've never been 641 00:30:19,760 --> 00:30:21,000 Speaker 1: through it, because you know what, I don't care what 642 00:30:21,040 --> 00:30:25,479 Speaker 1: you send g But also if something you know detrimental happened, 643 00:30:25,560 --> 00:30:27,600 Speaker 1: I might need to go through your emails. If you're 644 00:30:27,600 --> 00:30:30,600 Speaker 1: the one bullying another employee, and they've said, oh, Georgia 645 00:30:30,680 --> 00:30:32,360 Speaker 1: King sent me this abusive email. I'm going to go 646 00:30:32,440 --> 00:30:34,800 Speaker 1: find it. I'm going to go look for it. And 647 00:30:34,840 --> 00:30:37,520 Speaker 1: a lot of employers, even if you delete it and 648 00:30:37,760 --> 00:30:40,400 Speaker 1: delete it from your deleted box, they'll have a server 649 00:30:40,560 --> 00:30:42,719 Speaker 1: somewhere that has it all backed up. I say that 650 00:30:42,800 --> 00:30:45,160 Speaker 1: because I do, because I'm an employer who my IT 651 00:30:45,480 --> 00:30:47,520 Speaker 1: company said this is how you set it up, this 652 00:30:47,600 --> 00:30:49,760 Speaker 1: is what you do to protect yourself as an employer, 653 00:30:49,760 --> 00:30:52,120 Speaker 1: and I go, yeah, okay, no problems if that's the process. 654 00:30:52,480 --> 00:30:55,280 Speaker 1: But essentially all of the email addresses that you know 655 00:30:55,400 --> 00:30:58,200 Speaker 1: she's on the money owns are owned technically by me, 656 00:30:58,680 --> 00:31:01,200 Speaker 1: and then I can audit at any point I like, 657 00:31:01,320 --> 00:31:03,280 Speaker 1: and I'm actually telling you to send it from your 658 00:31:03,320 --> 00:31:06,400 Speaker 1: personal email to yourself, not because I think they're gonna 659 00:31:06,400 --> 00:31:08,840 Speaker 1: audit it, but like, what if you get fired or 660 00:31:08,840 --> 00:31:11,000 Speaker 1: what if you leave and then don't have access to 661 00:31:11,040 --> 00:31:13,240 Speaker 1: those notes. I just want you to always have access 662 00:31:13,280 --> 00:31:16,600 Speaker 1: to them. So that was my importance. But good point. Yes, 663 00:31:16,640 --> 00:31:20,360 Speaker 1: they can audit anything on your computer, anything on internal messengers, 664 00:31:20,360 --> 00:31:22,840 Speaker 1: like if you've got Microsoft teams, like, they can see 665 00:31:22,920 --> 00:31:25,200 Speaker 1: all of those messages. So Yeah, if you want to 666 00:31:25,240 --> 00:31:27,920 Speaker 1: have a personal conversation with a friend or a colleague, 667 00:31:27,920 --> 00:31:30,320 Speaker 1: I would honestly yeah, have it offline, take it to 668 00:31:30,360 --> 00:31:33,400 Speaker 1: text messages, take it to Facebook messenger, take it to Instagram, 669 00:31:33,480 --> 00:31:35,840 Speaker 1: take it anywhere except a workplace platform. 670 00:31:35,920 --> 00:31:37,000 Speaker 4: Let Zuckerburg deal with it. 671 00:31:37,120 --> 00:31:39,960 Speaker 1: Yeah, let' zuckerburg deal. Let's move snapchat it so it 672 00:31:40,000 --> 00:31:40,640 Speaker 1: deletes later. 673 00:31:41,040 --> 00:31:43,160 Speaker 4: Tell me more about the Fair Work Commission. Who actually 674 00:31:43,200 --> 00:31:43,600 Speaker 4: are they? 675 00:31:43,680 --> 00:31:44,000 Speaker 2: All? Right? 676 00:31:44,040 --> 00:31:46,280 Speaker 1: So? The Fair Work Commission good eggs, doing good things. 677 00:31:46,560 --> 00:31:50,200 Speaker 1: They are Australia's workplace tribunal and they create awards, proof 678 00:31:50,320 --> 00:31:53,000 Speaker 1: enterprise agreements and help resolve issues that happen at work. 679 00:31:53,280 --> 00:31:56,120 Speaker 1: They hear cases of unfair dismissal and rule outcomes. And 680 00:31:56,160 --> 00:31:58,800 Speaker 1: they have tons of really good resources on their website too, 681 00:31:59,040 --> 00:32:02,520 Speaker 1: which link obviously awards and enterprise agreements which you said before, 682 00:32:02,920 --> 00:32:06,160 Speaker 1: information on unfair dismissal, and places where you can get 683 00:32:06,240 --> 00:32:08,720 Speaker 1: legal help and advice. And there's actually heaps of links 684 00:32:08,720 --> 00:32:10,840 Speaker 1: for businesses too, so that they know that they're doing 685 00:32:10,880 --> 00:32:11,400 Speaker 1: the right thing. 686 00:32:11,960 --> 00:32:15,479 Speaker 4: Perfect, Let's move on and chat about unfair dismissal and 687 00:32:15,640 --> 00:32:20,320 Speaker 4: unlawful termination. I've heard it is really hard to get fired, 688 00:32:21,040 --> 00:32:21,480 Speaker 4: is that true. 689 00:32:22,160 --> 00:32:25,360 Speaker 1: Maybe I don't know, employee, maybe you've never had this 690 00:32:25,520 --> 00:32:29,200 Speaker 1: issue before. But essentially, dismissal means that the employer is 691 00:32:29,240 --> 00:32:31,480 Speaker 1: telling the employee that they don't have a job anymore. 692 00:32:31,640 --> 00:32:33,800 Speaker 1: So they might say you're fired, or you're terminated, or 693 00:32:33,840 --> 00:32:37,640 Speaker 1: you're leaving next week. But essentially dismissal means that it 694 00:32:37,760 --> 00:32:41,000 Speaker 1: wasn't the employee's decision to leave the role, it was 695 00:32:41,040 --> 00:32:44,720 Speaker 1: the employer's decision. They could fire an employee because they're 696 00:32:44,720 --> 00:32:47,680 Speaker 1: not performing their job to the level that's required. That 697 00:32:47,680 --> 00:32:51,840 Speaker 1: doesn't make it unfair, but there's different reasons why obviously, 698 00:32:52,400 --> 00:32:54,840 Speaker 1: Or they could tell their employee that their positions now 699 00:32:54,960 --> 00:32:58,880 Speaker 1: redundant now or on a future date. In some cases, 700 00:32:59,000 --> 00:33:02,040 Speaker 1: if the employers pay your forces an employee to resign, 701 00:33:02,240 --> 00:33:05,719 Speaker 1: that also could be unfair dismissal. So if you know 702 00:33:05,800 --> 00:33:08,600 Speaker 1: you're being pushed into quitting and they're not saying, quote, 703 00:33:08,640 --> 00:33:11,920 Speaker 1: you're fired, that could actually still be unfair dismissal because 704 00:33:11,920 --> 00:33:14,200 Speaker 1: you didn't feel like you had any other choice but 705 00:33:14,320 --> 00:33:14,680 Speaker 1: to quit. 706 00:33:15,400 --> 00:33:19,040 Speaker 4: And the difference between dismissal and unfair dismissal, what actually 707 00:33:19,160 --> 00:33:20,960 Speaker 4: is that, Like, what makes a dismissal unfair? 708 00:33:20,960 --> 00:33:24,000 Speaker 1: So a dismissal isn't always unfair, Like if an employee 709 00:33:24,120 --> 00:33:26,000 Speaker 1: is maybe not up to scratch and not meeting the 710 00:33:26,160 --> 00:33:28,680 Speaker 1: competencies of a role, and they've been trying and trying, 711 00:33:28,720 --> 00:33:31,080 Speaker 1: and they're like, look, this is just lucy, you're not 712 00:33:31,600 --> 00:33:34,080 Speaker 1: fulfilling your role as a dog. You're gonna have to leave. 713 00:33:34,520 --> 00:33:37,520 Speaker 1: It's just not working out. Like, that doesn't mean it's unfair, Like, 714 00:33:37,600 --> 00:33:40,640 Speaker 1: not every dismissal is unfair, even if you feel that way, 715 00:33:40,840 --> 00:33:43,400 Speaker 1: Like you might be so pissed off and you might 716 00:33:43,440 --> 00:33:46,040 Speaker 1: be so upset that you've lost your role, but that 717 00:33:46,080 --> 00:33:49,800 Speaker 1: doesn't mean that it wasn't unjustified or undocumented. And in 718 00:33:49,840 --> 00:33:53,240 Speaker 1: some situations it is actually fair to end an employee's employment, Like, 719 00:33:53,360 --> 00:33:56,480 Speaker 1: I know that sucks to hear, but sometimes. 720 00:33:56,120 --> 00:33:56,760 Speaker 4: You could be. 721 00:33:59,640 --> 00:34:02,680 Speaker 1: Justice first. Yeah, that you just might not be the 722 00:34:02,760 --> 00:34:06,200 Speaker 1: right fit. Right, But when an employee dismisses an employee, 723 00:34:06,200 --> 00:34:08,240 Speaker 1: the law says a few things. It says you should 724 00:34:08,239 --> 00:34:11,640 Speaker 1: not dismiss an employee if it is harsh, unjust, or unreasonable. 725 00:34:12,000 --> 00:34:14,319 Speaker 1: You should not make an employee redundant if it is 726 00:34:14,360 --> 00:34:16,920 Speaker 1: not a genuine redundancy, Like I can't turn around and 727 00:34:16,920 --> 00:34:19,840 Speaker 1: be like oh, the role's redundant, Lucy, and then hire 728 00:34:19,880 --> 00:34:22,200 Speaker 1: someone the next week for the same role, because that's 729 00:34:22,239 --> 00:34:25,680 Speaker 1: not a genuine redundancy. And it should always follow the 730 00:34:25,719 --> 00:34:28,520 Speaker 1: Small Business Fair Dismissal Code if they are a small business, 731 00:34:28,640 --> 00:34:31,680 Speaker 1: or there's another code for bigger businesses as well. There's 732 00:34:31,719 --> 00:34:35,960 Speaker 1: a little bit more flexibility from my understanding for small businesses, 733 00:34:35,960 --> 00:34:38,000 Speaker 1: but it doesn't mean that they get out scot free, 734 00:34:38,040 --> 00:34:41,440 Speaker 1: like you can't just fire people willing nearly. The Unfair 735 00:34:41,440 --> 00:34:44,440 Speaker 1: Dismissal Checklist is obviously one of the links in our EP, 736 00:34:44,600 --> 00:34:46,360 Speaker 1: so go back and have a look at that, but 737 00:34:46,520 --> 00:34:50,359 Speaker 1: essentially unfair dismissal. I guess the TLD are here as well. 738 00:34:50,480 --> 00:34:52,680 Speaker 1: Is it could be an unfair dismissal We said this, 739 00:34:53,120 --> 00:34:55,320 Speaker 1: but if you felt like you had no other option 740 00:34:55,440 --> 00:34:55,959 Speaker 1: but to quit. 741 00:34:56,320 --> 00:34:59,759 Speaker 4: Yeah, okay, perfect, fee d. That is all we have 742 00:34:59,800 --> 00:35:00,920 Speaker 4: time for today. 743 00:35:01,040 --> 00:35:01,600 Speaker 1: What a dream. 744 00:35:01,880 --> 00:35:04,919 Speaker 4: Just before we do go, the guys, just a couple 745 00:35:05,000 --> 00:35:07,720 Speaker 4: of notes, please go back and listen to our episode 746 00:35:07,719 --> 00:35:10,160 Speaker 4: on how to have difficult Conversations with your boss. That 747 00:35:10,200 --> 00:35:13,160 Speaker 4: one is super helpful if you are having issues at 748 00:35:13,160 --> 00:35:16,040 Speaker 4: your workplace, and if you do think you're being messed with, 749 00:35:16,080 --> 00:35:17,920 Speaker 4: then there are so many places to go, as we've 750 00:35:17,920 --> 00:35:22,000 Speaker 4: mentioned multiple times in today's episodes. So hit those show notes. 751 00:35:21,719 --> 00:35:23,319 Speaker 1: Baby, they're good show notes. 752 00:35:24,880 --> 00:35:26,680 Speaker 4: But choose to Analisa. 753 00:35:26,920 --> 00:35:30,080 Speaker 1: Choose to Annalisa for pulling all of that together. But 754 00:35:30,320 --> 00:35:32,520 Speaker 1: you know, as you said, unfortunately that's all we have 755 00:35:32,560 --> 00:35:34,560 Speaker 1: time for today. So now it's time for the boring 756 00:35:34,560 --> 00:35:35,319 Speaker 1: but important stuff. 757 00:35:35,400 --> 00:35:38,359 Speaker 4: Jane, let's do it. Remember, guys at the advice shared 758 00:35:38,400 --> 00:35:40,440 Speaker 4: on She's on the Money is general in nature and 759 00:35:40,480 --> 00:35:43,880 Speaker 4: does not consider your individual circumstances. She's on the Money 760 00:35:43,960 --> 00:35:47,080 Speaker 4: exists purely for educational purposes and should not be relied 761 00:35:47,160 --> 00:35:49,920 Speaker 4: upon to make an investment or a financial decision. And 762 00:35:50,040 --> 00:35:52,520 Speaker 4: we promise Victoria Divine and She's on the Money are 763 00:35:52,560 --> 00:35:57,200 Speaker 4: authorized representatives of in Focused Securities Australia Proprietly Limited ABN 764 00:35:57,280 --> 00:35:59,560 Speaker 4: for seven zero nine seven seven nine seven zero four 765 00:35:59,640 --> 00:36:02,239 Speaker 4: nine for sale two three six five two straight have 766 00:36:02,520 --> 00:36:03,800 Speaker 4: the Weak Friday