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Archive for the ‘Legal Obligations’ Category

How To Determine When An Employee Can No Longer Perform Their Position

Dear Reader,

Dismissal is always a difficult issue…

And one of the trickiest aspects of dismissal is determining exactly when an employee can no longer perform the inherent requirements of their position.

If you get it even slightly wrong, you could expose yourself to an unfair dismissal claim or even breach discrimination laws.

To find out exactly when is it lawful to dismiss an employee because they cannot perform their position, check out Charles’ article below.

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How To Ensure Sexual Discrimination Doesn’t Occur In Your Workplace

Dear Reader,

On 1 August 2011, brand new equal opportunity legislation for Victoria will come into force.

This new legislation will place increased obligations on employers to be proactive about enforcing equal opportunity law rather than simply complying with it after a complaint has been made.

So what does this mean for you?

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Why Proving A Redundancy Is ‘Genuine’ Doesn’t Have To Be Difficult

Dear Reader,

If you’ve considered making some redundancies lately, but put the idea in the “too hard” basket because you think it’s too difficult to prove a redundancy is genuine, think again.

A recent decision handed down by Fair Work Australia shows that sometimes, the roles and functions performed in a job don’t have to end completely for the job to be considered a genuine redundancy.

In other words, you can arrange for the same functions and duties performed in a redundant role to continue being performed, even if the “job” they were performed in no longer exists.

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