Q&A - Employment Law Handbook (Page 15)

Q&A

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Does an employee have a right to see an employer reference?

Does a candidate have a right to see information held about them in a referee report?

Are employees entitled to sick pay if they miss an overtime shift?

If an employee has agreed to work a shift in addition to their normal rostered shifts but gets sick, does the employee have to take paid sick leave?

Can a manager be appointed as a bargaining representative?

Is it acceptable for a manager in a small business to be appointed by the staff as their bargaining representative?

Do we have to pay wages early if the normal pay date falls on a weekend or public holiday?

If pay day falls on a weekend, is there an obligation to pay employees on the working day prior to this?

Can we reject statutory declarations as evidence for taking sick leave?

Can we opt not to accept statuary declarations, pharmacy & e-certificates if it is written in a company leave policy and employees have been given notice?

Trust me, I’m a lawyer

We have been requested by a lawyer to provide personal information about an employee. Are we under any obligation to advise them of the request?

A busman’s holiday

Are we able to contact employees while they are on leave? When should we avoid making contact?

Can we withhold ex-employees’ wages if they don’t return their uniforms?

Can we withhold wages until staff return their company-issued uniforms?

It’s nothing personal

Are we obligated to hand over training and medical records upon resignation?

How do we calculate our employee’s long service leave?

What date do we calculate long service leave from?

Can we reduce salaries to avoid redundancies?

Are we able to reduce employees' salaries temporarily for a specified period, but still have them work full-time hours to avoid redundancy?

Can leave balances be transferred between our own businesses?

Given that we need to terminate her from employment in business A and commence her with business B, are we obliged to pay out her leave balances?

Do we have to keep our staff in the picture?

Does an employer require an employee's permission to release photos of them?

Can an employee returning from parental leave request to become part-time?

Can we notify him of our offer to employ him on a casual basis only?

Can we direct a retrenched employee to take annual leave?

Can the employer direct the employee to take annual leave to reduce their leave accrual and the amount payable to them upon cessation of their employment?