Prepare your people for a safe end-of-year celebration
When employees won’t provide medical evidence: where do employer obligations end?
A fair investigation starts with choosing the right investigator
Small business redundancies require careful planning
Choosing the right support for a Fair Work Commission matter
Fixed-term contracts for charities beyond October 2026
Recent Appointments
Current Opportunities
Dear BelRose community,
As we approach the end of the year, we hope this issue helps you plan ahead while caring for you and your people.
We share guidance on safe celebrations and sensitive workplace matters, alongside updates on fixed-term contracts for charities and support with Fair Work Commission matters.
I am also proud that The BelRose Group has been named a Human Resources finalist in the 2026 Australian Professionals Small Business Champion Awards, and grateful to our team and clients for making this possible.
If something in this issue raises a question, please feel welcome to get in touch so we can talk it through together.
Warm regards,
Bel & Team
A Proud Milestone for 🌸The BelRose Group🌸
We are thrilled to share some exciting news with our clients, colleagues and supporters.
The BelRose Group has been named a Finalist in the Human Resources category of the 2026 Australian Professionals Small Business Champion Awards.
Being recognised amongst businesses from across Australia is a milestone we are incredibly proud of. It reflects the trust our clients place in us, the dedication of our team, and the relationships we have built over many years.
At The BelRose Group, we partner with organisations to provide practical, tailored People & Culture and Human Resources support. No two workplaces are the same, which is why we take the time to understand each client’s unique challenges and goals.
Our services include:
🌸 Recruitment, talent acquisition, job design and remuneration
🌸 Industrial and employee relations
🌸 Enterprise bargaining and workplace investigations
🌸 Policy development, payroll and award interpretation
🌸 Coaching, mentoring and leadership support
🌸 Training, organisational design and workforce planning
While we are honoured by this recognition, what matters most to us is continuing to deliver thoughtful, commercially practical advice that helps our clients support their people and achieve their business objectives.
We would like to sincerely thank our clients for your ongoing trust, our team for your commitment and care, and our broader network for your encouragement and support along the way.
We also extend our congratulations to all fellow finalists and look forward to celebrating with the winners when they are announced on 7 November 2026.
As always, if you’re looking for support with your people, culture or workplace challenges, we’d love to chat about how The BelRose Group can help.
Prepare your people for a safe end-of-year celebration
End-of-year events give teams a chance to celebrate their achievements and enjoy time together. Preparing employees and managers helps make the occasion welcoming and safe.
At The BelRose Group, we encourage employers to consider behaviour, inclusion and wellbeing alongside the logistics of venue and catering.
Workplace responsibilities can extend to offsite celebrations and activities outside normal hours. Under the Sex Discrimination Act 1984, employers must take reasonable and proportionate measures to eliminate sexual harassment and other covered unlawful conduct as far as possible.
A safe celebration starts with clear expectations and leaders who put them into practice.
Plan with your people
Involve employees and relevant health and safety representatives in planning the event. Consider anything that may affect people’s comfort, safety or wellbeing, including workplace relationships, unwanted attention, expectations around alcohol, and activities, games or awards that could cause embarrassment or exclusion.
Choose inclusive and accessible activities, and provide a private way for people to share any dietary, cultural, religious or accessibility needs. Make it clear that attendance is optional and that employees may decline, participate in their own way or leave early without criticism or disadvantage.
Consider the physical and psychological health and safety requirements that apply in your state or territory.
Explain expectations before the event
A short briefing and team conversation should cover the practical details.
🌸Explain expected behaviour, including personal boundaries, appropriate jokes and gifts, and respectful use of photographs, social media and group chats.
🌸 Confirm whether attendance is optional or required, the start and finish times, and arrangements for employees who do not attend.
🌸 Outline alcohol arrangements (if relevant), transport options and how to seek immediate help.
🌸Identify contacts during and after the event, including an alternative if a concern involves someone’s manager.
Where attendance or event duties are required, check pay, overtime, breaks and rostering obligations under relevant legislation, awards, agreements and employment contracts.
Prepare managers to act
Nominate responsible and approachable event contacts who know how to intervene safely and arrange assistance. Leaders should model the behaviour expected of everyone.
Agree alcohol limits (if relevant) and responsible service arrangements with the venue. Provide food, water, alcohol-free options and a practical way home.
Be clear about when the organised event finishes. Calling a later gathering “unofficial” does not necessarily remove its connection to work.
Respond with care and fairness
Prepare early so everyone understands the arrangements and knows where to find help. We can assist with reviewing your approach and preparing clear employee communications.
When employees won’t provide medical evidence: where do employer obligations end? Key findings for employers
A recent Fair Work Commission decision involving Monash Health reinforces an important workplace principle: an employer’s obligation to consider reasonable adjustments is not a one-way process.
The Commission upheld the dismissal of an employee who was unable to perform the inherent requirements of their role and repeatedly refused to provide further medical information needed to assess their capacity and any potential workplace adjustments.
For employers managing capacity, performance and return-to-work matters, the key findings are:
🌸 Employers are entitled to seek reasonable and detailed medical information to understand an employee’s capacity for work.
🌸 Reasonable adjustments cannot be properly assessed where an employee refuses to provide sufficient medical evidence.
🌸 An employee’s ongoing refusal to participate in the process may justify a capacity-based dismissal. 🌸 Employers can rely on the medical information available when an employee declines requests for clarification or additional evidence.
🌸 The obligation to consider reasonable adjustments requires genuine cooperation from both parties.
What happened?
Monash Health identified ongoing attendance and performance concerns throughout the employee’s employment, including repeated lateness, unexplained absences, missed deadlines and communication issues. The employee attributed these challenges to ADHD and fatigue.
In response, the employer implemented several support measures, including flexible start times, hybrid working arrangements, mentoring and structured performance support. Despite these efforts, concerns continued.
Following an extended absence, the employee provided certificates stating they could only work two hours per day, two days per week, in a “non-stressful role”. Monash Health sought further medical information to better understand the employee’s restrictions, prognosis and whether reasonable adjustments could support a return to work. The employee repeatedly refused to provide the requested information.
The Fair Work Commission found that the employer had acted reasonably and that the dismissal was not harsh, unjust or unreasonable. A significant factor in the decision was the employee’s refusal to provide sufficient medical evidence to enable meaningful assessment of their capacity and workplace adjustments.
Key learnings for our clients
🌸 Request clear medical information:
Where medical certificates are vague or contain broad restrictions, employers should seek clarification to understand the employee’s actual capacity, expected recovery timeframe and any recommended workplace adjustments.
🌸 Document every step:
Keep detailed records of requests for medical information, discussions regarding capacity, workplace support measures and opportunities provided to the employee to engage in the process.
🌸 Provide genuine support:
Before considering termination, ensure reasonable efforts have been made to support the employee, including exploring flexible work arrangements and other practical adjustments where appropriate.
🌸 Understand that adjustments require cooperation:
Employers cannot reasonably assess adjustments without sufficient medical information. Employees also have an obligation to participate in the process and provide relevant evidence.
🌸 Assess capacity against inherent requirements:
When an employee cannot perform the inherent requirements of their position and there is insufficient evidence to support a viable return-to-work strategy, a capacity-based dismissal may be lawful.
🌸 Seek advice before making final decisions:
Capacity and medical management matters are often complex and highly fact-specific. Obtaining specialist advice can help reduce risk and ensure procedural fairness is maintained.
At The BelRose Group, we help employers navigate complex performance, capacity and workplace health matters while balancing legal obligations, operational needs and employee wellbeing.
A fair investigation starts with choosing the right investigator
When a workplace complaint arises, the person appointed to investigate can influence the quality of the evidence, confidence in the process and the decisions that follow. Choosing someone with relevant experience and appropriate independence helps protect the integrity of the investigation and supports fair treatment of the people involved.
Before making an appointment, consider the investigator’s previous involvement in the matter, relationships with participants and any actual or perceived conflicts of interest. Someone who witnessed the events, advised on the disputed actions or has a close relationship with a participant may be unsuitable.
An external investigator can be particularly helpful where allegations concern senior leaders or internal independence is difficult to establish. Any external appointment should still include a conflict check and clear reporting arrangements. The investigator needs to approach allegations with an open mind and follow the evidence, regardless of who commissioned the work.
Look for capability as well as independence
Independence should be supported by relevant experience, a fair process and clear reasons for the findings.
🌸 Check relevant training and experience, including the ability to assess evidence and handle matters of similar complexity
🌸 Ask how allegations will be communicated and how the person responding will have a reasonable opportunity to address relevant adverse evidence
🌸 Confirm how interviews, confidentiality, participant support and sensitive information will be managed, including a respectful, trauma-informed approach
🌸 Agree on scope, timeframes, reporting requirements and fees before work begins, including how any changes will be handled
Independence should be supported by relevant experience, a fair process and clear reasons for the findings.
How we can assist
At The BelRose Group, our experienced workplace investigators and industrial relations specialists are trained in advanced trauma-informed investigations. Our approach centres on procedural fairness, natural justice and respectful engagement throughout the process.
Our fixed fee investigation packages include an initial briefing and document review, investigation planning and agreed scope, interviews, assessment of evidence against relevant policies and procedures, and a final report explaining the findings and reasons.
Packages start at $4,400 excluding GST subject to the agreed scope, volume of interviews and materials to be considered. Additional employee and industrial relations support, including allegation letters, show cause letters and investigation close-out correspondence, can also be provided to support the process.
If your organisation needs an independent investigation, reach out and we can discuss the circumstances, assess suitability and conflicts, and agree on an approach that supports a fair process and clear findings.
Small business redundancies require careful planning
An exemption from redundancy pay does not remove applicable consultation obligations, and eligible employees must still receive notice or payment in lieu.
How to assess small business status
Under the national Fair Work system, a small business employer has fewer than 15 employees. Count each employee as one person, regardless of hours worked. Include full-time and part-time staff, casuals engaged on a regular and systematic basis, and employees of associated entities. Employees being made redundant are included, with the count assessed at the earlier of when notice is given or immediately before employment ends.
Most small businesses are exempt from redundancy pay under the National Employment Standards (NES), although under some circumstances they may not be exempt.
Notice and redundancy payments
These NES schedules apply to eligible employees, with awards, enterprise agreements and contracts potentially providing additional entitlements. Casual employees generally do not receive NES notice or redundancy pay, even when included in the headcount.
Calculate payment in lieu of notice at the full rate of pay for the hours the employee would have worked!
Consultation still matters
The Fair Work Commission’s genuine redundancy guidance explains the need to follow applicable consultation requirements and assess reasonable redeployment options before finalising a dismissal.
An exemption from redundancy pay does not remove applicable consultation obligations, and eligible employees must still receive notice or payment in lieu.
At The BelRose Group, we can help you check employee numbers and entitlements, plan consultation and prepare clear correspondence to ensure compliance with your business requirements.
Choosing the right support for a Fair Work Commission matter
Recent reporting about fake case references and unreliable AI-generated documents in workplace proceedings highlights how easily a convincing response can miss the mark.
For employers managing a Fair Work Commission (FWC) claim, the facts, relevant law and quality of preparation matter.
At The BelRose Group we bring experienced industrial relations support, including legally trained practitioners specialising in FWC matters. We help employers assess claims, prepare responses and work towards practical resolutions, with representation where permitted.
For FWC matters, this can be a cost-effective alternative to engaging a law firm.
If you would like to talk through a matter, we would be happy to help.
Fixed-term contracts for charities beyond October 2026
From 1 November 2026, eligible registered charities will have ongoing access to an exception from the usual fixed-term contract limits, providing greater certainty when planning employment for funded projects.
For contracts entered into or renewed from that date, more than 50% of the work must be funded through qualifying government, philanthropic or testamentary sources, including eligible gifts made through a will. Employers must assess this funding requirement when entering the contract, across its full duration.
The exception remains subject to specific conditions, including registration with the Australian Charities and Not-for-profits Commission and annual revenue below $10 million. Where the charity belongs to an ACNC reporting group, that group must also fall below the revenue threshold.
The funded project or program must run for no more than five years in total, with the contract substantially matching its duration or remaining period. The employee’s continuous or substantially continuous employment with the charity must not exceed seven years, and other funding and award coverage conditions continue to apply.
Before issuing or renewing a contract, we recommend checking eligibility and retaining evidence of the funding arrangements and employment history. At The BelRose Group, we can help you review your contracts and understand how the changes affect your organisation.
All information, content, and materials provided in this newsletter are intended for general informational purposes only. The content does not constitute legal advice and should not be relied upon as such. Readers are encouraged to seek independent professional advice tailored to their specific circumstances before making any decisions or taking action based on the information provided.
