How well do you understand workplace relations?

I have found my employee asleep on the job. This is definitely not allowed so:
I can tell my employee to pack their things, leave and not come back
My employee breached company policy, this means I can fire them immediately
I must ensure I follow a correct and fair disclipinary process
No warning is needed. I can instantly terminate this employee.
Answer explained: even when an employee is guilty of misconduct, employers must ensure they follow a fair process in regards to termination, otherwise the dismissal may be considered unfair, unjust and unreasonable by the Fair Work Commission.
I want to hire an apprentice. I have never had one before, but I hear they are great because:
They are not entitled to annual leave or sick leave
I can make them work as many or as little hours as I like
I do not have to supervise them, as they get training from a training organisation
I have the chance to train a worker in my profession from the beginning of their career
Answer explained: apprentices are eligible for the same entitlements as other employees, including annual leave, sick leave, public holidays and breaks.
My male employees regularly taunt, cat call and exclude my one female employee. What stance should I take?
This is harassment, and is prohibited in workplaces
She is a female. She should expect attention from the males
It is all done in jest, therefore it is fine and no harm done
It is not my problem. She needs to deal with it herself
Answer explained: it is an employer's obligation to ensure that no bullying or harassing behaviour occurs in their workplace, or is effectively handled if this behaviour is evident.
I have an employee who, as part of their duties, frequently handles chemicals which are deemed hazardous. As an employer:
It is not my responsibility to ensure that my employee is not at risk because it is my employee’s responsibility
I am not obligated to ensure that risks are eliminated as far as is reasonable because my employee should already know
I am obliged to have a reasonable policy in place to manage the potential risk involved in handling chemicals
No workplace is without risks. There is no way I can efficiently manage or assess the risks involved
Answer explained: as an employer, it is your responsibility to maintain a safe working environment for all employees and anyone else who enters the premises. This includes providing training and having chemical handling policies in place.
I do not believe women can do the job of a man. Therefore I will not hire a woman.
This is acceptable. It is my business and therefore my call
This is discrimination based on a person’s sex and is prohibited
I am not directly discriminating, as I know a woman would struggle in this role
It has been proven that women are weaker than men. Why would I bother investing the time and effort?
Answer explained: discrimination can occur inadvertently, even in job advertisements. It is discrimination if an employer does not consider a woman for a role, based purely on their sex.
My employee has requested to work overtime, as they were not able to complete all their tasks within their normal hours of work. What should I do?
Approve all the overtime my employees do and pay them accordingly
I do not need to approve or pay my employees for overtime. If they wish to stay back after hours, it is their choice
Overtime is an employee entitlement, as such I have no choice but to pay it
Overtime is subject to each individual and their employment contract. Their contract will specify whether they are entitled to overtime
Answer explained: overtime is subject to each individual and their contract. Their contract will need to detail whether or not they are entitled to overtime, and the process for requesting overtime pay or time in lieu.
I have an employee who constantly talks on their personal phone during work hours. This is disrupting workplace productivity and is in violation of my phone policy so:
I can terminate this employee as they are disruptive to the workplace and breaching company policy
I have to provide this employee with a formal warning regarding their behaviour, and give them a chance to improve
Talking on the phone is standard amongst my employees, regardless of the company policy, so I cannot do anything
I can remove the employee’s phone every shift and keep it until the completion of the shift
Answer explained: whilst this behaviour is against your workplace policy, you must ensure you give the employee a warning that the behaviour is not acceptable, offer solutions and provide them with the opportunity to improve.
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