People Smartz

Industrial Relations and Workplace Health and Safety - Your Obligations Belong to You

Tony Perkins - Friday, July 19, 2013

A couple of days ago I was discussing Small Business HR with a perspective client.  He was on the look out for a HR System to use in his business.

During the conversation, he asked me if we would "guarantee" his compliance.  Apparently, he had been in talks with another HR Consultant who would not only "guarantee" his compliance but also support him during any subsequent court/commission hearings.

I explained to our potential client, that the simple fact of the matter is that we are not able to "guarantee" compliance. A HR Consultant can provide the tools, systems, policies etc (and provide support) but he/she can not be in another business, 24 hours a day, 7 days a week ensuring those tools are used correctly.  Simply, they are not in a position to "guarantee" compliance.

Additionally, the obligation of compliance can not be delegated away to another party.  As a Director or Manager (or an Officer under WHS laws), your obligations remain with you.  As a Director, Manager or Officer, you can delegate the work, but you still must exercise your own "due diligence" in regards to compliance.

When I first started People Smartz, our aim was to build the capability within our clients businesses to manage their own compliance.  People Smartz would then provide ongoing or adhoc support to them when the situation develops beyond their own capability. By taking this approach, we are ensuring our clients are in the best position to exercise their "due diligence" obligations.

The bottom line is that I feel we would be doing our clients a dis-service if we were to make such promises, it would be a promise we would not be in a position to deliver.  And that is just ethically wrong....



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