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- The laws relating to unfair dismissal attempt to balance the needs of the business and the needs of employees, and establish procedures for dealing with unfair dismissal that are quick, flexible and informal, and address the needs of employers and employees. The aim is to ensure that a “fair go al...
The “Respect at Work” legislation (Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth)) took effect on 10 September 2021, focusing on sexual harassment in the workplace and extending compassionate leave entitlements to include miscarriage. The legislation amended relevant pro...
As an employer, it is important that when you hire new employees, and as their employment changes, you set out clearly – and in writing – your expectations of them, and their responsibilities. Not only will this assist in managing expectations, but it may be important to clarify each party’s obligat...
In order to make a claim for unfair dismissal, one of the pre-conditions to be satisfied is that the employee must have served the statutory minimum employment period – for those engaged by a “small business employer”, the minimum period is 12 months. For others, it is 6 months.
A small business e...
Section 357(1) of the Fair Work Act 2009 (Cth) states that an employer must not represent that a contract of employment is a contract for services under which the individual performs work as an independent contractor, otherwise the employer is at risk of the employee seeking Court orders for the pay...
There are significant financial and managerial benefits for businesses relying on a workforce which consists of independent contractors (who can be engaged as required depending on the workload), rather than employees (who are engaged on a more permanent basis, irrespective of the workload). Unfortu...
Workplace bullying takes place if:
- a person or group of people repeatedly act unreasonably towards a worker or a group of workers - such as victimising, humiliating, intimidating or threatening;Â and
- the behaviour creates a risk to health and safety.
Whether or not such behaviour is unreasonab...
It is commonly thought that when a business is sold, particularly if it is described as being sold as a "going concern", the employees will continue to work in the business, although under a new owner.
This is not necessarily the case.
When there is a transfer in ownership of the business:
- the ...
