Articles
Don’t Panic! Practical Assistance To Employers during the Coronavirus COVID-19 Pandemic
While the number of confirmed positive cases of the Coronavirus (COVID-19) (‘coronavirus’) continue to rise, employers need to be ready to step into action if the coronavirus impacts their business. There are a number of detailed articles currently available aimed at...
Splitting hairs: how reliable is hair analysis when testing for drug consumption in the workplace?
Hair testing results are still a matter of interpretation if you want to prove consumption of drugs by employees. In 2017 to 2018 I was involved in some novel litigation in the Industrial Relations Commission of New South Wales. The issue considered in that litigation...
NATURAL DISASTERS & EMPLOYMENT LAW
The catastrophic fires recently impacting Australia have given rise to longer-term issues for employers who are not able to quickly reopen their doors. We will be running a series of articles to address these issues and start below with the rights and...
Myth: I can alter any term of an Award by an Individual Flexibility Agreement (IFA)
This is not correct. Awards specify the provisions that may be altered by an IFA. Award provisions outside the specified terms cannot be altered. The modern award flexibility term allows an IFA to be entered into to vary award provisions...
Myth: If I do not have a written employment contract I only need to apply the National Employment Standards (NES) notice provisions in terminating employment.
This is not correct. It may be that an employee, particularly a long term employee, is entitled to reasonable notice in excess of the notice provided by the NES. What constitutes reasonable notice depends on the circumstances of each case but, as a general rule, the...
Myth: I do not need an employment contract I can just rely on the award.
Myth: I do not need an employment contract I can just rely on the award. Busted: We would not recommend this. An award is the industrial instrument that sets out the minimum terms and conditions of employment, awards do not necessarily deal with all matters that are...
MYTH: When an Enterprise Agreement reaches its nominal expiry date it ceases to operated.
This is not correct. An Enterprise Agreement will continue to operate after the nominal expiry date has been reached unless it is terminated or replaced. The risk of an Enterprise Agreement operating as an industrial instrument after its nominal expiry date is...
MYTH: A small business can never have a claim for unfair dismissal made against it.
This is not correct. A claim for unfair dismissal cannot be made unless the employee has completed the minimum period of employment. The minimum period of employment for a small business employer (less than 15 employees) is 12 months and six months for all other...
MYTH: If I have an employment contract with an employee the award does not apply.
This is not correct. If an award applies to a role, it is the industrial instrument for that role. An award sets out the minimum terms and conditions of employment. An employment contract cannot reduce any award entitlement, it can provide additional...
UPDATE: Family and Domestic Violence Leave
UPDATE for August 2018: The FWC has updated all industry and occupation awards to include a new clause about family and domestic violence leave. The new clause applies from the first full pay period on or after 1 August 2018. Employers! It is a good time to...
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