RSSCategory: Employment Law

Jul

19

Employment Law

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Unfair Dismissal   An Employee is unfairly dismissed when the grounds were not justifiable or in some cases in a way which was procedurally unfair. An employee’s dismissal from employment is unlawful if it is for an invalid reason or it is harsh, unjust or unreasonable. Some examples of invalid reasons are: Temporary absence due […]

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Jul

19

The Miscellaneous Modern Award

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Miscellaneous Award 2010 The Miscellaneous Award 2010 came into force on 1 January 2010. It is intended to cover those employees who are not covered by another modern award, and perform the type of work traditionally covered by awards.   Who is covered The Award covers those employees that fit within the classification section of […]

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Jul

19

Transfer of Business

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Transferring a Business When a business is transferred, the transferee or buyer may be bound by certain awards, agreements or other transferable instruments. It is important that all parties are aware of their binding obligations in relation to employees and their rights and entitlements.   What is a transmission of business? This occurs when employee’s […]

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Jul

19

Termination – Employee Absence or Illness

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Can you terminate an employee’s agreement due to illness or incapacity? There are some circumstances where an employer will be justified in dismissing an employee due to prolonged illness or incapacity. However these circumstances are limited and careful procedures must be followed to protect the employer against claims for unfair dismissal, unlawful termination or adverse […]

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Jul

19

Promises and Representations to Employees

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It is not uncommon for employers at interviews to discuss and make representations to the prospective employees. A usually natural part of any interview includes discussion on future prospects for the employee with the employer which helps lure the prospective employee. It is important that employers do not make false representations when discussing such matters. […]

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Jul

19

Minimum Wage Increase

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Minimum Wage Increase On 1st July 2010, Fair Work Australia implemented its decision to increase the national minimum wage by $26 per week. In addition, the casual loading rate for employees who are not covered by an award or agreement increased from 20 percent to 21 percent. The increase coincides with the first phase of […]

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Jul

19

Individual Flexibility Arrangements

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The Individual Flexibility Arrangements (IFA) An IFA can be used to vary certain terms of a modern award or enterprise agreement as it applies to that particular employee covered by the IFA. Flexibility terms within modern awards allow IFAs to vary: arrangements for when work is performed such as working hours overtime rates penalty rates […]

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Jul

19

Flexible Working Arrangements

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Flexible Working Arrangements The National Employment Standards (NES) which came into force on 1 January 2010 allows an employee to request flexible working arrangements which are more suitable to their circumstances. Who can request a flexible working arrangement? Every fulltime or part-time employee and every employer may request the other to enter into a flexible […]

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Jul

19

Fair Work Information Statement

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The Fair Work Information Statement All employers covered by the Fair Work Act 2009 have an obligation to give each new employee a Fair Work Information Statement (“the Statement”) before, or as soon as possible after, the employee starts employment. The purpose of the Statement is to provide employees with advice about where to go […]

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Jul

17

Fair Work Act – Small Business

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Fair Work Act 2009 for small business The majority of The Fair Work Act 2009 (“the Act”) came into operation on 1 July 2009. Provisions relating to the new National Employment Standards (“NES”) and Modern Awards commenced on 1 January 2010. This fact finder looks at the Act applies to small businesses.   What is […]

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