Yip, HR isn’t as simple as it looks.

The idea behind this quiz (as you are probably a business owner, think personal-audit) is to give you some valuable insights into your HR practices. If you found yourself saying YES to more than a couple of these questions – or if anything here raised a red flag for you – let’s chat about how FixHR can help safeguard your business. A little spoiler here, there were no questions to which YES was the correct answer.

A solid HR strategy doesn’t just protect you legally; it helps your team perform at their best, and protects you from the disruption, expense and mental health suck of HR errors, no matter how well meaning.

Meantime, see the questions and correct answers and discussion points below.

ENJOY!

Ainsley & the team at FixHR

PS This quiz is designed to raise awareness and prompt reflection on common HR challenges. It is not a substitute for professional HR advice or legal guidance. For tailored support, please consult a qualified HR advisor or employment law specialist.

1. 1. 🕒An employee on long-term sick leave can’t be dismissed until they’ve been off work for over 6 months. 

• • Answer: NO
    Tip: An employee can be dismissed while on long-term sick leave, but the employer must follow a fair process. This involves:
    • Making reasonable attempts to accommodate the employee (e.g., alternative duties or support).
    • Seeking a medical assessment to understand their ability to return to work.
    • This process needs to be carefully documented to avoid a personal grievance claim.

1. 2. 📑All employees (including casual, fixed term and permanent staff) are entitled to the same termination process. 

• • Answer: NO
    Tip: Casual staff usually have more flexible terms, including the ability for both the employer and employee to terminate employment with shorter notice or without a formal process, depending on the contract. However, if a casual employee works regular hours or is employed for an extended period, they may have rights similar to permanent staff, and a fair process must still be followed, including notice and potentially a written explanation.

1. 3. ⚖️A performance improvement plan (PIP) may be initiated before you start collecting specific evidence of performance issues. 

• • Answer: NO
    Tip: A PIP should be based on specific, documented performance issues. Launching a PIP without evidence can be seen as unfair and may expose the employer to legal risks. Always have performance records and feedback documented before starting a PIP.

1. 4. 💊You can not ask for a medical certificate after the first day of sickness absence even if it occurs on a Monday or Friday. 

• • Answer: again, NO
    Tip: No, employers can request a medical certificate after the first day of absence, particularly when the employee is off on a Monday or Friday, as this can be viewed as a pattern of absences (to prevent misuse). However, you must pay for the certificate if requested during sick leave, and this should be in line with the employee’s contract.

1. 5. 🔽If an employee’s productivity drops due to personal issues, you can reduce their workload (and corresponding pay) to help them out until they are ready to return to full duties. 

• • Answer: NOOP
    Tip: No, you cannot unilaterally reduce an employee’s pay or workload, even if they have personal issues. Changes to terms of employment (like workload or pay) must be mutually agreed by both parties. If an employee is struggling, you should look for alternative accommodations like flexible hours or temporary adjustments, but you must have their consent.

1. 6. 🗓️If an employee isn’t actively requesting or using leave, you don’t need to track annual leave balances. 

• • Answer: yeah ..nah
    Tip: Employers must track annual leave balances for all employees, regardless of whether they’re actively using it. Employees accrue leave over time, and it’s the employer’s responsibility to maintain accurate records. Failing to do so could lead to issues later if an employee requests leave or disputes their balance.

1. 7. 🔄A probationary period can be tacked on to a 90-day trial to continue to test and monitor both performance and cultural fit for an additional 30 days. 

• • Answer: NO
    Tip: The 90-day trial period (under the Employment Relations Act) is a specific type of trial period that ends after 90 days, and it cannot be extended. If an employee passes the 90-day trial, they are considered permanent. If the employee’s performance or cultural fit is still in question, the employer needs to have clear, documented performance management in place.

1. 8. ⚙️For operational purposes only, if a role remains within the same broad category (e.g., duties & location) you can change the terms of an employee’s job up to 20% 

• • Answer: Still NO
    Tip: No, changing the terms of an employee’s job requires their consent, even if the changes are for operational reasons. The employment agreement may allow some flexibility, but major changes like location or duties should be negotiated and agreed upon by both the employer and the employee. Always have clear documentation for any changes to terms.

1. 9. 📝If an employee is underperforming, following the formal warning process (a verbal warning followed by a formal written warning) will prevent a personal grievance claim. 

• • Answer: NO
    Tip: Simply following the formal warning process isn’t enough to avoid a personal grievance. You must also follow a fair process, including:
    • Providing clear evidence of the underperformance.
    • Giving the employee an opportunity to improve.
    • Providing support (e.g., training, mentoring).
    • Ensure you’re following a consistent, documented process to avoid legal claims.

1. 10. 📚You are not legally required to keep records of all disciplinary actions and performance reviews, if they don’t lead to formal warnings or action. 

• • Answer: and again, NO
    Tip: It’s legally required to maintain records of all disciplinary actions and performance reviews, even if they don’t lead to formal warnings or action. These records can be crucial in defending against future claims and in providing clarity around the decision-making process. Always document meetings and discussions regarding performance, even if they are informal.

 

Cause for concern?

If this quiz made you pause for thought, you’re not alone. HR is full of hidden traps – and even small missteps can lead to big consequences.

FixHR helps small businesses stay compliant, confident, and focused on what they do best.

👉 Let’s make some progress!  Let’s book a free 15-minute HR check-in to talk about how we can support your team as you position to scale your business.