Articles


Your questions answered: Do we have to pay superannuation for overtime?

Workplace Policies

Q Do award/agreement-free employees get super on overtime that isn’t paid at a higher rate? A Super should be paid on ordinary time earnings, which means the ordinary hours worked (i.e. not overtime). However, if ordinary hours of work are […]

By Portner Press on October 16th, 2019

Your questions answered: Can we cash out part of an employee’s annual leave balance?

Leave Provisions

Q We have an employee who has accrued 55 days of annual leave. We wish to pay out 35 days of their annual leave to bring the balance down to 20 days. If the employee agrees, are we allowed to […]

By Portner Press on October 11th, 2019

Your questions answered: Can an employee come in early to avoid traffic?

Workplace Policies

Q Our employee wants to start work early (around 8:00am) to avoid traffic, but our requirement of work is from 9:00am. We have asked for written consent from the employee that specifies that they are coming in early for personal […]

By Portner Press on October 9th, 2019

Your questions answered: Is an employee entitled to receive a car allowance during long service leave?

Leave Provisions

Q We have an employee on long service leave for six weeks. The employee feels that they are still entitled to receive a car allowance whilst on long service leave. I was of the understanding that it is not included, […]

By Portner Press on October 2nd, 2019

What happens if a new manager takes over another manager’s job?

Employment Contracts

Q We have a client whose role was to manage his department, but the company has now brought in a person above him who is in charge of a few departments. The senior manager has taken over most of our […]

By Portner Press on September 25th, 2019

Your questions answered: What happens if we haven’t stated a probationary period in our employment contract?

Employment Contracts

Q We have an employee who is likely not to pass probation. However, there has been an administration error on the employee’s employment contract in regards to the probation clause, whereby a prior template was used which was meant for […]

By Portner Press on September 18th, 2019

Your questions answered: Are employees entitled to public holiday pay while they are on unpaid leave?

Leave Provisions

Q Is an employer required to pay an employee for a public holiday when the employee is on leave without pay or unpaid parental leave? A Only employees who normally work on a day upon which a public holiday falls […]

By Portner Press on September 11th, 2019

Your questions answered: Is an employee entitled to public holiday if they are beginning a leave period on the following day?

Leave Provisions

Q I have an employee who is starting a period of unpaid parental leave on a Tuesday, the day after a public holiday on the Monday. Is he entitled to be paid for the public holiday even though he does […]

By Portner Press on September 9th, 2019

Your questions answered: Can employees take leave on another religious day instead of Christmas Day?

Leave Provisions

Q Is it possible, from an employment law perspective, for an employee to choose to work on a public holiday, e.g. Christmas Day, Easter Friday, then swap that paid public holiday day to take leave on a cultural or religious […]

By Portner Press on September 4th, 2019