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Type: Posts; User: Greg Schmidt

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  1. Hi crna, I've just come across your post...

    Hi crna,

    I've just come across your post today. I realise that you posted it more than two months ago, and your situation may have changed in the meantime, but here goes anyway.

    It does seem a...
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    92,004

    I have to partially disagree with Tiger on a...

    I have to partially disagree with Tiger on a couple of points.

    The resignation requirements for employees are (mostly) similar to Fair Work Act requirements for employer notice periods, but they...
  3. You haven't told us the nature of your employment...

    You haven't told us the nature of your employment contract, and I think that is a critical factor in this matter.

    If you and the agency signed a full-time or part-time hours contract, then the...
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    96,388

    I think that the main benefit of having an HR...

    I think that the main benefit of having an HR representative present will be to provide advice to the manager and the employee on the processes involved in the performance review, and to assist in...
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    5
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    72,151

    Hi Sam, I don't think that you understand that...

    Hi Sam,

    I don't think that you understand that an approved flexible working arrangement is very different to personal/carer's leave.

    Personal/carer's leave is definitely an appropriate leave...
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    89,568

    Award coverage is NOT determined by the salary...

    Award coverage is NOT determined by the salary paid to an individual - it's determined by whether the worker is performing a role that is covered by a classification in an award (taking into account...
  7. Replies
    12
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    96,869

    An Unfair Dismissal claim is not out of the...

    An Unfair Dismissal claim is not out of the question, but there would definitely be some hurdles to jump over. Your friend would have to:

    Show that he had been dismissed, that is -
    Show that...
  8. Replies
    12
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    96,869

    I'm not convinced that the process is flawed. I...

    I'm not convinced that the process is flawed. I gather that:
    1. Three Team Leaders have made complaints to a senior manager. The complaints appear to have been taken seriously.
    2. The Team...
  9. Replies
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    96,869

    To have 3 team leaders refusing to work for a...

    To have 3 team leaders refusing to work for a manager must raise a red flag. I would suggest that each of the three is spoken to and given an opportunity to raise their concerns/complaints about...
  10. The approach that I've always used is to show a...

    The approach that I've always used is to show a bias in favour of internal applicants - so that you look for reasons to include them on the shortlist rather than exclude them. This may mean that you...
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    120,913

    I can see potentially 3 different scenarios...

    I can see potentially 3 different scenarios here...

    Scenario 1 - the applicable Long Service Leave scheme covers casual employees as well as full time employees.
    If the worker will stay in the...
  12. Hi InTheShadows, Your employment is subject to...

    Hi InTheShadows,

    Your employment is subject to the National Employment Standards, and may also be subject to a Modern Award or some form of registered or certified Agreement. These, or the...
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    65,966

    Hi BDHR, I broadly agree with Bullswool's and...

    Hi BDHR, I broadly agree with Bullswool's and Tiger's information. However, since your questions are specifically about the NES, I'd like to offer the following clarification:

    NO, the NES does...
  14. Hi MissMay, Without knowing the details of...

    Hi MissMay,

    Without knowing the details of either your contract or the Agreement under which you are employed, please accept the following observations as general advice only.

    First, a fixed...
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    8,929

    The effect of the award and the contract will be...

    The effect of the award and the contract will be separate.

    Awards set out the entitlements and obligations that apply to a particular instance of employment of a worker by an employer. With the...
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    13,032

    Hi Smaran, Generally, LSL entitlements in...

    Hi Smaran,

    Generally, LSL entitlements in Australia are set out in State/Territory laws, so (for example) Queensland and New South Wales have similar but different LSL schemes. However, some...
  17. I'd suggest that you respond in writing to HR...

    I'd suggest that you respond in writing to HR (with copy to your manager) indicating that you did not request a change in your working hours, and you do not agree to the change if it is an...
  18. Hi Michael, As the offer of further employment...

    Hi Michael,

    As the offer of further employment is with a related entity business, I presume that your 30 years of service, and your existing leave balances, will be fully recognised by your new...
  19. Hi Ahsan, I'm not confident that I understand...

    Hi Ahsan,

    I'm not confident that I understand your question, so I'll answer in two different ways and hope that one of them addresses your actual question.

    If your question is about laws that...
  20. When a position is redundant, the employer has an...

    When a position is redundant, the employer has an obligation to provide suitable alternative work (if possible) to the employee who was in that position. It sounds as though your employer has done...
  21. If he's a national system employee (covered by...

    If he's a national system employee (covered by the Fair Work Act) then the personal leave definitely accumulates without limit. Only 10 days per year might be added to the balance, but the unused...
  22. Hi Dan, The maximum amount of compensation...

    Hi Dan,

    The maximum amount of compensation that can be awarded to an unfairly dismissed employee is an amount equal to the employee's total remuneration for the six months' employment prior to...
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    2
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    8,502

    Hi Tekme, Broadly speaking, a redundancy...

    Hi Tekme,

    Broadly speaking, a redundancy payment is (somewhat inadequate) compensation for losing your job and source of income. Now that redeployment is possible, because an internal transfer...
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    8,095

    The Fair Work Act contains a convoluted...

    The Fair Work Act contains a convoluted specification of national system employer and, by implication, national system employee. The definition of national system employer includes Corporations...
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    6,762

    The minimum entitlements for redundancy are set...

    The minimum entitlements for redundancy are set out in the National Employment Standards (see sections 119-122 of the Fair Work Act). The minimum rate of pay for redundancy pay under the Act is the...
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