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Unless the resignation was forced upon an individual, and it was voluntarily done, and the correct period of notice is given, there is not much that can be done to 'force' and employer to reconsider...

Then the union could seek a take home pay order to prevent the reduction in the wages if they went down as a result of the loading re-introduction.

In relation to the leave loading, it will come...

I assumed it was a small business. My error.

In regards to unfair termination - Yes the question is what action have taken place , yet if there is a request to extend the performance and probation...

I assumed it was a small business -

It doesnt come into play for transmission of business, but for a very good reason, because the entitlements transfer.

However, correct, the entitlements ceased when service ceased, however, as...

When it comes to the recovery of wages, and in particular this matter where such a period has transpired, a company can soon face a BIG problem.

Firstly, there is the simple act of law that looks...

Well, it is very simple.

The Fair Work Act 2006 no longer provides a probationary term, and as such, there is no longer a probation period other than what industry believes occurs as opposed to...

Rundundancy intitlements can opperate totally different to that required by the NES. Depending on which state you are in and what the PMA (Pre modern Award) deemed payable in redundancy matters,...

Firstly - IFA's can only be offered if a modern award applies.

Secondly - Please read section 144 to 145 of the Fair Work Act.

Thirdly - and IFA requires the EMPLOYER to ENSURE the arrangement...

The age-old argument of how to pay someone for not submitting time sheets has been an argument that has perplexed many a company.

However, now in the Modern Award era, and the NES it has provided...

Hi Banger

Quite simply, for redundancy to be effected, the NES of the Fair Work Act 2009 need to be considered if you fall within to scope of the Cth workplace relations laws.

Section 119 is...

Further, section 107 requires that 'if required by the employer' so there must be a request for the evidence at the time the 'taking the leave', and secondly, the requirement to only provide...

Common law matter. The Fair Work Act expressly excludes bonus and incentive payments from the basic periodic rate of pay, therefore, unless it forms part of a collective agreement or other instrument...

I would be very careful in apply these principles post 1 July 2009 under the Fair Work Act.

Set off arrangements (offsetting) can only occur if there is a 'Written agreement' specifically...