Resources

This is your hub for practical resources on all things people and culture. From compliance guides to leadership tools, you’ll find content designed to make managing your team simpler, clearer, and more effective.

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Loaded Rates

For many Australian business owners, paying people is one of the most time-consuming and stressful parts of running a company.

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Managing Misconduct

How to address behaviour issues without escalating risk, breaching procedure, or damaging culture. Every workplace experiences moments where behaviour crosses

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Yes, but only if you’ve followed a fair process. This means setting clear expectations, giving feedback, providing a genuine opportunity to improve, and documenting every step. Terminations that skip this process often get overturned at the Fair Work Commission.

Start by identifying whether the absences are authorised (such as sick leave) or unauthorised. If absences are excessive or patterns emerge, meet with the employee, document the discussion, and explore underlying causes. If the issue persists, you may escalate to formal warnings or a performance management process.

Poor performance relates to not meeting role expectations (e.g. quality or output), while misconduct involves breaches of behaviour or conduct standards (e.g. theft, harassment, safety breaches). The processes differ: misconduct often triggers disciplinary action, while poor performance requires a performance improvement process.

Not legally in every case, but warnings are a key part of showing procedural fairness. For performance issues, written warnings are best practice. For serious misconduct (e.g. theft, assault), you may move to termination without prior warnings — but only after a fair investigation.

Failure to follow lawful and reasonable directions may amount to misconduct. Employers should meet with the employee, clarify expectations, and document the refusal. If it continues, disciplinary action (including termination) may be justified, but ensure you follow due process.

Rushing to termination without a fair process exposes you to unfair dismissal, general protections, or discrimination claims. Even if the substantive reason is valid, skipping procedural fairness can make the dismissal unlawful. The result being a claim that could cost up to 6 months of the employees wages (more if the dismissal deemed to be discriminatory). Taking the time to follow process protects both the business and its culture.