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"We have this employee....."
CIE Legal
6 episodes
2 weeks ago
Bitesize chats on workplace law from HR lawyers Andrew Maher and Ines Balint.
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Management
Business
RSS
All content for "We have this employee....." is the property of CIE Legal and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
Bitesize chats on workplace law from HR lawyers Andrew Maher and Ines Balint.
Show more...
Management
Business
Episodes (6/6)
"We have this employee....."
Episode 4 - ADIA - Managing Workplace Flexibility in a Rapidly Evolving Sector

In this episode, Andrew and Ines interview Sarah Campbell, CEO of ADIA (Australian Data and Insights Association), to unpack workplace scenarios and legal issues relevant to the advertising and insights industry. The discussion covers practical case studies, including carers’ leave for sick pets, flexible work arrangements, and the complexities of time off in lieu and overtime under industry agreements.

Listeners will gain clarity on how annualised salaries, common law set-off clauses, and statutory limits on reasonable additional hours impact both employers and employees.

The episode offers actionable guidance for navigating legal obligations, avoiding common pitfalls, and managing workplace flexibility in a rapidly evolving sector.

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3 weeks ago
33 minutes 41 seconds

"We have this employee....."
Episode 3 - The "Woolworths decision"

In this episode, Andrew and Ines unpack the implications of the recent Woolworths decision, which challenges the legality of common law set-off clauses in employment contracts.

The case revealed that employers can no longer rely on averaging salaries across pay periods to cover award entitlements, as this breaches Section 323 of the Fair Work Act.

Andrew and Ines identify a number of ways employers can adjust their processes to ensure they operate in-line with the decision and discuss how many employers will need to urgently reassess their salary practices and compliance frameworks.

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1 month ago
22 minutes 20 seconds

"We have this employee....."
Part 2 - Flexible working request

In the second part of this episode looking at flexible working requests, Andrew and Ines explore how employers should respond to flexible working requests. They highlight the need for evidence when refusing on business grounds, the long-term effects of matters reaching the Fair Work Commission, and the importance of clear communication and written agreements. The hosts discuss practical scenarios, including negotiating compromises, setting review periods, and avoiding open-ended arrangements that can create long-term issues for both employers and employees.


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1 month ago
13 minutes 17 seconds

"We have this employee....."
Part 1 - Flexible working request

In this episode, Andrew and Ines discuss a full-time employee with 2 years tenure, who puts in a flexible working request to work from home 3 days per week. They discuss the steps an employer should take to assess and respond to the request and the types of issues they should consider when deciding how to proceed.

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2 months ago
18 minutes 23 seconds

"We have this employee....."
Part 2 - Declining performance and mental health concerns

In this episode, Ines and Andrew continue their discussion around ways to manage declining employee performance linked to mental health concerns. They cover the importance of early identification, sensitive handling, and acting with an awareness of legal obligations.

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3 months ago
12 minutes 8 seconds

"We have this employee....."
Part 1 - Declining performance and mental health concerns

In this episode, Ines and Andrew discuss ways to manage declining employee performance linked to mental health concerns. Exploring a fictional scenario, they cover the importance of early identification, sensitive handling, and acting with an awareness of legal obligations.


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3 months ago
11 minutes 28 seconds

"We have this employee....."
Bitesize chats on workplace law from HR lawyers Andrew Maher and Ines Balint.