COVID-19: JOBKEEPER SERIES | Part 01.
PART 1 - DISPUTES
The Government’s JobKeeper wage subsidy programme, while still applauded for keeping the essential connection between businesses and their labour force, has flaws that are becoming more evident as time progresses - only to be expected in a scheme that was hastily put together due to time pressures.
This blog addresses one of those parts – getting employees into work.
Are you are finding it difficult to re-negotiate hours with your eligible employees (permanent or casual) and get them to work?
If so, then please let us assure you - you are not alone. HR Unplugged has fielded many enquiries on this very matter due to the lack of rigour around payment for the scheme once an employee is eligible. It can be difficult to navigate through.
While the Fair Work Commission has introduced a specific form and channel for JobKeeper disputes, we find the best pathway is as always, keep open and transparent communication with your employees, and avoid disputes raised at the Commission-level. Our team at HR Unplugged can assist as a practical and affordable third party to get your business moving again in the right direction – we are happy to help.
This most serious flaw of the scheme is the untested belief that employees can do one hour of work per week and get the minimum $1500 fortnightly payment no matter what. This has created even more tension between employers and employees in a time when business owners have enough on their plates with decreased turnover, uncertain timeframes for recovery and looking at innovative channels to keep cash flowing in the business.
In some instances, the reluctance is genuine. Fear of being infected (although this should’ve eased somewhat), clear imbalance in the allocation of hours that are actually being worked by an employee, and an “unknown” about new temporary roles. However, managers can shoulder-tap a specific employee who:
has a particular skill-set that is required;
can work temporary different hours/locations of work due to changes to your business.
Owners / Managers are getting really creative about adapting business to the COVID-19 era, which means your employees must also adapt to be useful during these times, on reduced hours or not. For example, with the temporary flexibility provisions of the Fair Work Act, an employee can do deliveries at the end of a shift as well as whipping up coffees during the day, undertake a stock-take instead of dispatching goods, make cold calls to an entirely new market of potential customers instead of undertaking customer service.
Very few pieces of advice will fit all cases, but in these times, our strong suggestion is as follows:
Be open, be honest. Step out with employees what you are trying to achieve
If your business is working on reduced hours, try to allocate hours as evenly as you can between similar roles, between permanents/casuals, by skill-set and competency. The test is “what is reasonable?”. Can you justify your decision if questioned?
If your business is not working on reduced hours, then you have a strong case that any refusal by an employee to work (whether at the workplace or from home) is misconduct, unless there are tangible health concerns that have not been addressed
Do not discriminate
Sometimes the best way to test your own belief that you are being reasonable, is simply to ask yourself if this was your partner/daughter/brother/parent – would you believe you are being reasonable?
Discrimination
As a final word around getting employees to work, be careful around discrimination – i.e., choosing employees to work because they aren’t single parents, because they don’t have children at home to school, because they are younger and with fewer commitments, etc.
Being flexible on these matters is relevant and natural as a good employer, but you also don’t want to leave your business open to accusations of reverse discrimination.