Artificial turf or grass is, understandably, commonly used in early learning services. This turf can look lush and green all year round without watering or cutting. However, it isn’t necessarily the perfect, simple outdoor solution some of us may think or wish it was. Unfortunately, Guild Insurance sees numerous cases of poorly laid and/or maintained turf that can become damaged over time. This damage can include raised and uneven surfaces, curled edges and rips and tears. Not only does this look unsightly, but it can also create an unsafe surface which could lead to trips and falls and therefore injuries.

Installation

Incorrectly installed turf is likely to lead to issues and complications down the track. This can lead to insurance implications as your policy will not cover you for damage resulting from defective design or faulty workmanship. So, start off on the right foot by having turf installed by a reputable installer who’ll provide a certificate of compliance that supports the Australian Standards with respect to turf preparation and installation.

Be sure the manufacturer’s guidelines are followed when installing turf. Also, make yourself familiar with the specifics of the warranty provided and retain all documentation and/or information, including receipts, for the installation.

Drainage

Ensure that your turf installation includes appropriate drainage, installed by a suitably qualified plumber. And be sure existing drains aren’t covered or impeded by the turf and that the directional flow is appropriate for the lay of the land.

Turf without drainage leads to future problems and causes the “fill” under the turf, (also often known as substrate or base), to shift and leach out causing the substrate to wash away. This can happen quickly during periods of heavy rain and/or storms, and it can also happen gradually over time due to prolonged exposure to the elements.

If the substrate/base material was incorrectly prepared to receive the turf and provide drainage for rain and or storm water run-off, this may cause damage to the turf and nearby buildings. This damage may not be covered by insurance due to faulty design or workmanship.

Maintenance

Artificial turf can seem like an easy option over real turf due to less maintenance. However, maintenance is still required, and the installer’s or manufacturer’s maintenance instructions must be followed to prolong the life of the turf and protect your investment.

Regular checking for wear and tear, or other types of damage, is essential. As is the continual removal of any debris which could impact drainage. It’s also worth occasionally having the turf inspected by professionals who’ll know what damage and drainage issues to look for.

If damage to artificial turf is identified, it’s important to act on this as soon as possible. Putting it off will likely lead to further damage, making repairs more costly.

Again, keep records of all maintenance carried out, with details including what was done, when and by who.

Making a claim

Artificial turf doesn’t last forever, and damage over time may be normal “wear and tear” that’s not covered by your insurance; but other causes of damage, such as fire or storm, may be.

If you hold a Guild Early Learning Business Insurance policy, and you think you may have a valid claim for damage to your artificial turf, or you’re just not sure, contact us first and hold off authorising any repairs until we have approved your claim.

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Employment related disputes are an increasing trend in early learning claims reported to Guild Insurance. These claims indicate that some employers may not be aware of their obligations and the laws governing them as an employer. Our claims also suggest employers aren’t taking the appropriate steps to implement and adhere to processes and policies that ensure their compliance with regulatory requirements.

Employment disputes can have serious implications for a business. There are several legal avenues available to an employee if they feel they have been treated unfairly. These pathways can be stressful and distracting to navigate while also running a business. Further to that, these disputes can create an unhappy working environment which could negatively impact other staff as well as the children attending the service.

Case examples

Both of these case examples led to complaints with the Fair Work Commission.

1. Allegations were made against a staff member of physical abuse towards children. The employee was stood down while investigations were conducted and then terminated upon the outcome of the investigation. The employee commenced proceedings alleging unfair dismissal. The legal fees to defend this matter were in excess of $100,000 and the employee was awarded approximately $40,000 for lost income.

2. An employer sought to make changes to an employee’s rostered start time due to operational requirements. The employee resisted the change stating it didn’t align with their responsibilities as a carer. The employee was offered alternative options however the employee would only agree to keep their original rostered hours. The employee lodged a complaint alleging discrimination. It was found the changes were reasonable and allowed under the contract of employment, yet the matter still cost almost $20,000 to defend.

Understand your obligations

The key first step to avoiding employment related disputes in an early learning service is to understand employment laws and regulations. While you aren’t expected to become an expert in employment law, not being informed carries significant risk. And keep in mind that legal requirements can change over time so be sure you stay informed. There are many resources available to assist businesses understand their requirements.

The Fair Work Ombudsman provides best practice guides to assist businesses and employees manage various workplace issues such as underperforming staff and requests for flexible arrangements. These guides can be found at fairwork.gov.au/tools-and-resources/best-practice-guides.

Small businesses, with less than 15 employees, have unique rules for dismissing staff. Information about the Small Business Fair Dismissal Code can be found at fairwork.gov.au/ending-employment/unfair-dismissal. Further information to support small businesses can be found at smallbusiness.fairwork.gov.au.

There are National Employment Standards (NES) which detail the minimum entitlements which must be provided to all employees in Australia. These standards cover areas such as leave entitlements, superannuation contributions and notice of termination. Details on the NES can be found at fairwork.gov.au/employment-conditions/national-employment-standards.

Create processes and policies for your business

To ensure you and your staff are complying with employment best practice and the law, create processes and policies for your business. These processes and policies will:

• Guide training so all staff know what’s expected of them in their place of work.
• Ensure consistency among all staff when dealing with employment matters.
• Provide support and guidance when dealing with a potentially challenging employment matter or dispute.

Processes and policies are only beneficial when regularly referred to and utilised. It’s therefore vital they aren’t documents that are created only to be filed away. They should be stored somewhere that is easily accessible by staff, and regularly discussed with staff, such as in team meetings. You should also consider integrating these processes and policies into your induction and ongoing training programs.

Seek assistance

If you find yourself in a difficult situation regarding an employment matter, the sooner you reach out for support, rather than trying to navigate the situation yourself, the better for all involved. If you hold a Guild Insurance Early Learning Business Insurance policy, you’re entitled to receive free legal advice with our expert legal advisers, Meridian Lawyers. You can access three free telephone advice sessions (each session is capped at two hours) when you’re dealing with an employment or registration issue.

Keep records

Unfortunately, complaints and insurance claims regarding employment matters can arise some time after an event. To be sure you’re best placed to deal with any complaints should they occur, it’s important to keep records of all discussions had with staff regarding performance and entitlements, even if meetings and discussions are informal.

Lithium-ion batteries are the batteries used in many of our household items. They’re becoming incredibly common, and for good reason – they can be small and affordable yet also have a long lifespan and a high power efficiency. However, they’re not without risk. In fact, the risks of these batteries, especially when not used correctly, is incredibly high and have led to fatalities.

Where are they used?

Lithium-ion batteries are found in many items we use daily. From personal devices such as laptops and smart phones, to household items like vacuum cleaners and power tools and mobility products such as e-bikes and e-scooters. You’ll also find them in electric vehicles. Most of us wouldn’t get through a day without using and charging at least one of these batteries.

What’s the risk?

While all batteries can pose a risk, the risk with lithium-ion batteries is unique and more significant. Lithium-ion batteries contain a liquid electrolyte solution which makes them ideal from a performance perspective. However, this solution is highly flammable, and this is where the danger lies.

When lithium-ion batteries are poorly manufactured, damaged, or misused, they’re at risk of catching fire. These fires are particularly intense and hard to put out, taking over homes and businesses incredibly fast.

What can be done to reduce the risk of fire?

• Don’t overcharge devices – overcharging devices can lead to the battery overheating and then catching fire. Consider setting reminders to take devices off charge when complete.

• Only use compatible chargers – don’t use chargers not recommended by the manufacturer for that device; this can lead to the device overheating.

• Be mindful of where devices are charged – don’t charge a device while it’s resting on flammable material, such as bedding or a couch, as this will impact how fast a fire takes hold. Devices also shouldn’t be charged in a location which will block someone from exiting a room or building should it catch fire; this will potentially trap a person in a fire.

• Don’t use a damaged battery – if it’s swollen and enlarged, leaking or emitting an odour, this is an indication of a damaged battery which is unsafe to use.

• Don’t tinker with a battery – don’t remove, replace or try to fix a battery on any device. This could lead to it being damaged which is when they’re at high risk of fire.

• Don’t leave batteries where they’ll overheat – overheating increases the risk of catching fire, so be sure to limit the time in direct sun. Leaving them in vehicles sitting in the sun is particularly dangerous.

• Only use reputable brands – not all lithium-ion batteries are the same; do your research to be sure you’re using a reputable brand. Generic brands found online may be cheaper, but they aren’t worth the risk.

• Follow manufacture instructions – with any device that utilises a lithium battery and has charging capabilities, always follow the manufacturer’s instructions and/or recommendations regarding charging, storage, and safe use.

• Don’t dispose of them with your regular rubbish – as the risk of fire is increased when lithium-ion batteries are crushed or damaged, they need to be disposed of correctly. Organisations such as B-cycle and Planet Ark offer information on battery recycling locations, as do some local councils.

• Check smoke alarms – be sure your smoke alarms are in good working condition by checking them regularly. While this won’t prevent a fire, it will greatly assist in response time should a fire occur.