Total and permanent disablement education, training and experience clauses explained
The any occupation definition of total and permanent disablement varies from insurance policy to insurance policy; but generally, the definition contains two limbs. The first limb requires that the insured...
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ALERT: Casual employee entitled to annual leave
A recent decision of the Full Court of the Federal Court throws the concept of “casual employee” into a state of uncertainty again.
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Casual Conversion Clause
From 1 Oct 2018 be aware of the casual conversion clause in Modern Awards which may affect your rights and obligations as an empoyer.
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Should I put an employee on Gardening Leave following resignation?
Gardening leave is when an employee is directed to not attend work, but to remain available to perform normal duties as required. This prevents an employee from engaging in undesirable...
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Are you entitled to annual leave?
Employers with casual employees need to ensure that these arrangements are properly documented, particularly if the employment is regular, systematic and long-term. Otherwise, the employer may face the prospect of...
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Dismissing Employees on Medical Grounds: What to consider
Employers need to make sure the medical reports they rely on when dismissing employees on medical grounds will stand up to the scrutiny of the Fair Work Commission. A recent...
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Misleading and deceptive conduct in recruitment
When recruiting in Australia, employers must be careful of making misleading and deceptive statements when talking to applicants pre-employment. Examples of misleading and deceptive conduct are contained in section 31...
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Probation periods and minimum employment periods
If you are a business owner and you think it is safe to dismiss an employee during a probation period… think again. There is a common misconception that if an...
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What is the Unfair Dismissal High Income Threshold?
From 1 July 2017 the unfair dismissal high income threshold has been set at $142,000 (not including superannuation). An employee with annual earnings exceeding this amount is excluded from making...
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Can you terminate an employee for being overweight?
Employees must be able to safely and competently perform the duties related to their role. If an employee becomes unable to do so, can the employer terminate them?
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