Guy Work

By Josiah Walter

 Australian Federal and State legislation states unlawful discrimination occurs when a group of people, individuals are treated less favourably than any other person or group of people because of their ethnicity, race, colour, sex, marital status, age or disability, religion and sexual reference, whether your a member of a trade union and any other characteristic specified under anti-discrimination or human rights legislation.

Workplace discrimination and harassment can occur in:

Employment and selection of staff.

Training and type of training being offered.

Being considered for a transfer, promotion or sacking.

Work place conditions.

What is defined as unlawful harassment?

Under Australian state and federal legislation unlawful harassment can occur when a person humiliated because of their race, or intimidated and insulted because of there colour, ethnicity, or any other specified characteristic under anti-discrimination or human rights legislation.

Workplace harassment can include behaviour such as:

Mailing or submitting sexually explicit or suggestive letters, notes or emails.

The making of derogatory taunts or comments about a persons religion or race. telling insulting The making of jokes about particular racial groups.

Nude or pornographic posters displayed.

The asking of questions about a persons sex life or personal life.

The nature of harassment and or discrimination.

No matter the seriousness of an incident, whether it be a one-off or prolonged and long termed, it will still be judged as harassment or discrimination. If left unchecked the continued harassment will erode the drive and ability of the individual or group to eventually effect the overall performance of their work performance.

However the absence of any formal or verbal complaints is not necessarily any indication that harassment or discrimination is not occurring. In a lot of cases the person or group being harassed or discriminated against will not complain or report the incident in the belief that they will be deemed as wingers or the incident is too trivial. In most cases the victim of the workplace harassment or discrimination is lacking confidence in their own ability and has fear of retribution or even worse, being dismissed.

Hostile working environment

As an employer you will also need to be aware of your responsibilities in making the work environment a safe place from a culture of sexual or racial harassment. Both are deemed as HOSTILE. An example of a potential hostile working environment would include the display of nude or pornographic material, swearing and crude conversations, racially or sex specific jokes.

What can not be classed as harassment or discrimination.

However it must be remembered that comments and advice given by supervisors, work colleagues and managers on the work performance or work related behaviour of an individual or group should not be confused with workplace harassment or discrimination.

Feedback during normal performance appraisals and work performance meetings will always be deemed as stressful and will in some cases effect the well being of the person or group being appraised. However, managers and supervisors should always keep these concerns in mind and perform any necessary appraisal with sensitivity without avoiding the need to provide full and frank feedback to their staff.

What is workplace bullying?

Sourced the from ACTUQ/QCCI/Qld Govt Dept of Workplace Health and Safety , they claim that workplace bullying is “the repeated less favourable treatment of a person by another or others in the workplace, which may be considered unreasonable and inappropriate workplace practice. It includes behaviour that intimidates, offends, degrades or humiliates a worker”.

Bullies will use their status or power of position in a company or business to target both men and women with their bullying practices. Bullying behaviour can range from obvious verbal or physical assault to very subtle psychological abuse.

This behaviour would include:

Psychological harassment. (mind games)

Excluding or isolating targeted employees.

Assigning impossible tasks or jobs to targeted employees.

Physical or verbal abuse.

Inconvenience selected employees by deliberately changed work rosters and shifts.

Yell and scream offensive language.

Intimidation

Undermine work performance deliberately by withholding vital job information.

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Compromise Agreements: A Good Way Of Resolving Employment Law Disputes

By Roberto Garabell

 In the UK, where there has been an irretrievably breakdown in the relationship between employer and employee, one possible solution is for both parties to enter into what is known as a ‘Compromise Agreement’. A Compromise Agreement is a legally binding agreement which allows the employee to receive an agreed lump sum as compensation for loss of office, the first 30,000.00 of which is tax free (plus an agreed reference in certain cases), in return for agreeing not to pursue their case against the employer to the Employment Tribunal.

Most types of employment law dispute can be resolved by way of Compromise Agreement, anything from an unfair dismissal situation to race and sex discrimination.

To be valid, the Compromise Agreement must be in writing, specify the dispute being settled, and state that the conditions governing Compromise Agreements have been complied with. The employee must also have received independent legal advice on the Compromise Agreement from a qualified person insured to provide it (i.e. the employees solicitor), and the Compromise Agreement must identify who that person was. Usually, the employer pays the costs involved in the employee taking this advice.

The standard terms that are normally incorporated into the Compromise Agreement include: the size of the payment, that the employee will not pursue any claim against the employer, that the first 30,000.00 will be paid tax free, that the employer will provide the employee with an agreed reference, a tax indemnity, confidentiality, no derogatory remarks by either party about each other, return of company property, and that the employee will continue to abide by the restrictive covenants in their contract of employment.

Richard Antrobus is a Solicitor with The Employment Law Solicitors who handle dismissal and discrimination cases on behalf of both employers and employees nationwide throughout the United Kingdom. He is also the author of the firms two websites, The Employment Law Solicitors and The Compromise Agreement Solicitors. Visit the websites at: http://www.theemploymentlawsolicitors.co.uk and http://www.thecompromiseagreementsolicitors.co.uk

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A Look at Store Credit Cards

By Raul Levine

 The number of people with one or more credit cards has grown at an unbelievable rate in recent years. Like the mobile phone, the credit card has become a way of life for many people, something they’d be lost without.

The offer of a store card for your favourite store can be tempting and may offer opening discounts, invitations to special events (encouraging you to spend money in the store, of course) and the familiar “If you take out the card today, you’ll get 10% off your purchases. It won’t take very long; we can fill the form in now. You may as well take advantage of the offer and get your discount at least.” You know how it goes and yes, there are some things you’d like and the discount is worth thinking about. Before you know what’s happening, you’re giving details of your current account etc., etc., etc.

It’s a familiar scenario. Over 40% of people who sign up in this way had no intention of doing so when they entered the store, according to the Office of Fair Trading, and yet they may well make a major purchase.

This isn’t a problem if you have the money available to clear the balance within the interest free period, which can be from 35 to 55 days, in most cases. However, if you’re unable to meet this time-limit you need to be aware that the interest on the outstanding balance can soon mount up.

The Consumer Credit card act sets down regulations for any loan under 25,000. Whether or not a total overhaul of these rules is necessary is under consideration.

Data provider Moneyfacts provide some enlightening information regarding the variation in store cards interest rates. John Lewis, which includes Waitrose, has an APR of 13% and Marks & Spencer offer 18.9%, whereas Debenhams and Comets Timecard are currently charging 28% and 29.9% respectively.

Before you sign up to one of these cards, take time to consider:

The discount may be a good deal and if there is a purchase that you are seriously considering anyway and you have the money to fund the purchase within the interest free period.

What is the APR rate on this offer? How much will you be charged on the remaining balance?

There may be an interest free period. How long does this last and when it ends, what rate will be charged?

Payment Protection Insurance will be offered. Check how much this is going to cost and what benefits are offered. This is an option but could prove a blessing under some circumstances, such as illness or redundancy. Read the agreement carefully to find out more.

Remember that you’ll need to budget carefully for store card purchases - it’s easy to overspend.

You don’t need to sign there and then. Take the agreement away and check everything, including the interest free period, APR, default and late payment penalties. Ask questions until you’re satisfied you fully understand everything.

The Office of Fair Trading endorses the above advice. They also advise that you compare the store card with other payment methods.

Don’t be hassled into taking out a card you don’t want by some pushy person who doesn’t really care whether or not you’re getting what’s right for you, as long as they get their commission for signing you up!

Remember, as with credit cards, the statements come in monthly. Keep track of your spending. Credit cards with low APR’s are, in general, a better deal than store cards, according to the majority of financial experts.

Take care and weigh up all the options.

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