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  1. I doubt this is a coincidence. This person's...

    I doubt this is a coincidence.

    This person's employment doesn't technically end until the end of the "gardening leave". It's designed that way so they can't go and work for anyone else.

    So...
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    Cottoneys, When you refer to public holidays...

    Cottoneys,

    When you refer to public holidays are you meaning Christmas Day and Boxing Day?

    If 26 Dec is the last day of the notice period, then I don't see how you can legally avoid paying for...
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    Thanks Qld IR Consultant, I guess you should know...

    Thanks Qld IR Consultant, I guess you should know :)

    So does Workplace Relations also mean the same thing?
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    IR and ER - is there a difference?

    As they say, the title says it all :)

    is there actually any difference between Industrial Relations and Employee Relations, or do they both mean the same thing?
  5. The job he does at site A also exists on the...

    The job he does at site A also exists on the other site (site B). Basically they have moved him because they have got rid of the person who does his job at site B.

    They have temporarily promoted...
  6. Do you think it would be reasonable for your...

    Do you think it would be reasonable for your employer to say to you, "we want you to give us an extra 5 hours per week of your time, for three months, and we're not going to compensate you for it" ?...
  7. There is no question of redundancy. He's actually...

    There is no question of redundancy. He's actually being moved to another site to do the same job as he is doing now because they are getting rid of someone (someone is "taking a package").

    They...
  8. Is it legal to change an employees place of work without their consent?

    I have a friend who has been told he has to work at another site for several months.

    He currently lives 10-15 minutes drive from his current place of work, where he has worked for the last 10...
  9. UK Government proposals for employees to swap employment rights for shares

    I thought HR Buzzers might be interested in an article about something the UK Government is doing with the intention of helping SME and startup companies avoid certain statutory rights of employees. ...
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    They might be able to sue you for breach of...

    They might be able to sue you for breach of contract, depending on the type of contract it is.

    BUT, even if they can sue you, there would only be any point in doing so if they could (a) quantify...
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    I would look into Eligible Termination Payments...

    I would look into Eligible Termination Payments and Employment Termination Payments. Unfortunately the ATO seems to call them both ETPs!
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    Don't feel bad. They are clearly not doing the...

    Don't feel bad. They are clearly not doing the right thing by you.

    This company has got you to sign a one sided contract. How can they expect you to give them 13 weeks notice when they are only...
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    They are weekdays, Mon-Fri, not including public...

    They are weekdays, Mon-Fri, not including public holidays.



    Because 196 hours is not 5 days, it's more like 25 days.

    1 March 2010 to 30 Sept 2012 is 2.5 years. So the result is correct.
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    It's a shame you can't make him "redundant" and...

    It's a shame you can't make him "redundant" and roll it all up into an ETP ;)
  15. He won't like that, but thanks :) It's a bit...

    He won't like that, but thanks :)

    It's a bit ironic that if it were an external applicant, their availability could be taken into account without it being discriminatory.
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    But that's not really a penalty per se. You can't...

    But that's not really a penalty per se. You can't expect to be paid for more than the portion of the notice period worked.

    The only exception being if the employer asks you to finish up before...
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    I thought they already said no? A few...

    I thought they already said no?

    A few thoughts;

    They can't penalise you financially for not working out your full notice period. They still have to pay you for the portion of the notice period...
  18. Is rejection of a candidate due to LSL discriminatory?

    Hi HR Buzzers,
    I'm hoping you can help me answer a question.

    My partner is interviewing candidates for a key customer facing relationship management position and he is aware that one of the...
  19. If the job is completely different to the job you...

    If the job is completely different to the job you accepted and have been doing, then the answer is No, they cannot force you to accept a different job.

    They may be obliged to offer redeployment...
  20. So your're not going to give me the job and I...

    So your're not going to give me the job and I have to pay to find out why?

    I'm not going to be happy about that!

    MCam, if you were happy to pay the costs in the first place as part of your...
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    I can't offer advice on how to deal with this...

    I can't offer advice on how to deal with this issue from a legal perspective, but I would have thought it could be a case for an adverse action claim. A problem however is that pursuing such a claim...
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    Regardless of the fact that the individual was...

    Regardless of the fact that the individual was not subject to probation, given that the assessment was actually conducted and it was recorded, I would hang on to it.
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    So their contract doesn't agree with their own...

    So their contract doesn't agree with their own award?

    My understanding is that the NES is designed to protect the worker by setting down minimum employment terms. So it states the minimum notice...
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    What's your Klout score?

    Do you even know what "Klout" is? (I didn't!)

    A recent article in one of the HR magazines highlighted a new social media phenomenon, that those of us in involved in recruitment absolutely must be...
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    How do you handle internal job applicants?

    I need to advise a manager on how to handle internal applicants for a job he is advertising internally only.

    The problem we face, which I am sure if very common, is that he knows who he wants to...
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