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Archive for November, 2009

Australian Employees Are Stressed Out

Dear Reader,

The results are in – over 90% of the Australian workforce is stressed out.

And the odds are that at least some of your employees fall into this category.

So what can you do about it?

CONTINUE READING

Government Tries to Discourage Employees From Making Unfair Dismissal Claims With No Merit

The Government has tried to improve the process of dealing with unfair dismissal claims to discourage employees from making claims that have no merit.

But it remains to be seen whether their changes will stop this from happening…

Here are the changes that have been made:

1. The 21 day time limit has been reduced to 14 days

CONTINUE READING

Are You Paying Your Employees Correctly?

Dear Reader,

It may seem obvious to you, but it’s a question well worth asking – are you paying your employees correctly?

If you’re not, you could be held liable. Take this recent case for example…

Earlier this month, a Queensland butcher was found guilty of underpaying one of his apprentices over a period of 14 months and was fined $62,000.

(Fair Work Ombudsman v Bundy Market Meats Pty Ltd & Anor (8 October 2009))

CONTINUE READING

How to Tell if an Employee Can Make an Unfair Dismissal Claim Under the Fair Work Act

The Fair Work Act unfair dismissal laws came into effect on 1 July 2009, giving unfair dismissal rights to about 3 million more workers than under Work Choices.

So how will you know if a worker has the right to make an unfair dismissal claim against you?

Simple. Just ask yourself the following questions:

  • Are you a national system employer?

This is only an issue if you are not in Victoria or a territory. If you employ workers personally as a sole trader or if you are in a partnership, then the Fair Work Act will not apply. Even if an employer is a body corporate, it needs to be a Constitutional Corporation in order to be covered the FW Act unfair dismissal provisions.

CONTINUE READING

Is an Employee’s Sick Leave Entitlement Cumulative?

Dear Reader,

Every week, I get great questions through from subscribers to the Employment Law Practical Handbook.

So many of your queries revolve around leave – annual leave, sick leave, parental leave – the list goes on.

And simple though it might seem, there’s one question that gets asked more than any other.

CONTINUE READING



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