In this article we speak about our top 5 “must know facts” about avoiding unfair dismissal cases. Learn what constitutes a harsh, unjust and unreasonable termination and protect your business.
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As in the Woolworths case, where a salaried employee is mistakenly believed to be an ‘award free’ manager, there is a potential for underpayments. Find out why and what you can do about it.
Recently a company was making an employee redundant due to a restructure of the business. You think this is a straightforward exercise? But for an Award or Agreement covered employee you have to get the formal consultation process right! Unfortunately the company failed to do so and had to go to the trouble of running an unfair dismissal case. In this article we explain the ‘genuine redundancy’ requirements, and the formal steps the employer has to follow to avoid an unfair dismissal case.
On 21 August 2019 the Federal Court of Australia (Mondelez v AMWU  FCAFC 138) delivered a landmark yet controversial judgement (Mondelez v AMWU 2019); in relation to ‘what is and how to calculate personal & carer’s leave (PCL) per the Fair Work Act 2009’.
In this article we will look at unfair dismissal for high income employees. Is there a cap on compensation they can seek? Can they still make unfair dismissal claims?
This year’s annual wage review resulted in the increase of 3%. The national minimum wage will increase from $719.20 per week or $18.93 an hour to $740.80 per week or $19.49 an hour. Our consultants explain the reasons behind the decision, what that means for your business and when the increase will come into effect. Our updated wage schedules are now available for download to reflect the increase.
The employee must provide evidence to the employer that they were genuinely entitled to sick leave. Generally, a medical certificate is a legal document that should satisfy the employer of an employee’s inability to work. This doesn’t mean that an employer can’t question the validity of the medical certificate.
Staff who regularly take sick days without repercussions are likely to continue doing so – this will have a negative impact on other workers who may soon start to follow suit, or feel aggrieved because they are at work doing the right thing. There are several theories on best practice when it comes to dealing with absenteeism, but the key is for employers to show an interest.
A common question that we receive at ER Strategies is whether superannuation contributions need to apply to annual leave loading payments. Annual leave loading was originally introduced into awards in the 1970s on the basis that it compensated employees for the lost opportunity to work overtime when they were on annual leave and thereby earn extra income.
The expanded coverage of the legislation is – at least in part – a response to the release of the findings of the Hayne Royal Commission into the Banking, Superannuation and Finance sector. However, the new laws will impose significant new obligations on a much wider range of businesses than previously covered.
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