Annualised Salary – as part of the review of all modern awards the Fair Work Commission has determined that the annualised salary clause, contained in awards, should be varied to provide that employers must keep records of all hours worked (start and finishing times) by employees covered by annual salary arrangements and must review the […]
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INSIGHT: Unfair Dismissal claims under fixed term contracts
In order to be eligible to bring an Unfair Dismissal claim against an employer, an employee must, among other things, have been dismissed at the employer’s initiative. Historically, employees engaged on a term contract were generally not eligible to make an Unfair Dismissal claim as the contract ended due to the effluxion of time rather […]
INSIGHT: Increased Powers of the Fair Work Ombudsman – Is your Business Vulnerable?
New legislation has recently been introduced which was sparked by the discovery of a number of large organisations found to have engaged in systematic underpayments and exploitation of workers. The Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 provides the Fair Work Ombudsman with greater investigative and enforcement powers, introduces penalties for providing false or […]
INSIGHT: Significant $1.3m payout warns employers to take employee bullying complaints seriously
The Supreme Court of Victoria has sent a solemn message to employers to sit up and listen to employees who make complaints of bullying and harassment in the workplace, by awarding damages in excess of $1.3 million to a plaintiff suffering psychiatric and physical injuries because her employer failed to provide a safe working environment. […]
INSIGHT: Is Big Brother watching?
A common concern for many employers is the extent to which they can monitor employees in the workplace. Specific legislation regulating workplace surveillance exists in New South Wales and the Australian Capital Territory and in other states workplace surveillance is regulated by legislation dealing with specific electronic surveillance devices or methods. The overall implication for […]
INSIGHT: Tackling tardiness
Do you have an employee who is regularly late for work? A one-off is excusable but how should you deal with an employee who is habitually late? A child care centre is a business that depends on the reliability of its employees. Strict ratios must be maintained at all times and having unreliable employees can […]
INSIGHT: Selling your business? Don’t forget an important asset – your employees!
If you are selling your business, careful consideration must be given to your employees and what will happen to their employment as a result of the sale. Assuming the sale is to an unrelated entity (so the employing entity will change), the employees will either transfer with the business to the new owner or their […]