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  1. Hi consult, When you say "Then I started...

    Hi consult,

    When you say "Then I started working with my previous company." - is that the new company who terminated you after 5 months?

    Assuming you are referring to the new employer, had you...
  2. Hi Liz, I believe there is a desperate need for...

    Hi Liz,
    I believe there is a desperate need for the type of offering you propose, because even when HR personnel actually recognise that employee is suffering from a mental health problem, I suspect...
  3. Thread: Racial joke

    by Moz
    Replies
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    2,054

    Mark, I'm no expert, but judging by some Fair...

    Mark, I'm no expert, but judging by some Fair Work decisions in the past, I think you should be cautious about instant dismissal. In one case I recall where an employee was dismissed for being...
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    No, you don't have to sign it. Your employer...

    No, you don't have to sign it. Your employer cannot unilaterally change your employment conditions without your agreement.
  5. Thread: Change of Contract

    by Moz
    Replies
    1
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    1,600

    Generally speaking, contracts usually have a...

    Generally speaking, contracts usually have a clause saying that changes have to be agreed in writing by both parties, but even if this wasn't there, unless the contract states that the employer can...
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    There's another source of medical certificates to...

    There's another source of medical certificates to contend with - Home | Qoctor your quick online doctor

    These certificates are issued by experienced, registered doctors.
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    3,660

    I'm no expert, but unless there's a lot more to...

    I'm no expert, but unless there's a lot more to this than we know, I would think he would have a strong case for an adverse action claim. I'd be thinking about what happens on 30/6 vs what would have...
  8. Replies
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    3,660

    It sounds like this company needs to taught a...

    It sounds like this company needs to taught a lesson or two about performance management. They're living in the past.

    Was his contract due to expire on 30/6 anyway, or have they given him a new...
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    The process sounds pretty flawed to me. Three...

    The process sounds pretty flawed to me.

    Three team leaders lodge a complaint with the HR Manager about their manager's "style and competence" and are refusing to work with said manager, and when...
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    3,660

    Without a more complete picture of the situation...

    Without a more complete picture of the situation and the history it's hard to suggest how to handle this - there are just so many variables. However, I would be suspicious of collusion between the...
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    Unfortunately, the answer is seems to be "it...

    Unfortunately, the answer is seems to be "it depends" :-)

    Obviously many jobs, in fact almost all jobs, sit somewhere between a min wage receptionist and a CEO.

    Some jobs have bonuses...
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    This is very interesting subject! Does the...

    This is very interesting subject!

    Does the NES's 38 hours include breaks? Because if it doesn't then 9am to 6pm is less than 38 hours.

    If someone is paid more, surely that is because of their...
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    However, in WA (unlike most other states) an...

    However, in WA (unlike most other states) an employee can cash out their LSL, in agreement (in writing) with the employer. Therefore there doesn't seem to be any real impediment to this person...
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    Thanks Ivana and Greg. I'm helping a friend with...

    Thanks Ivana and Greg. I'm helping a friend with this and his company's policy to interview all internal candidates, regardless of how much time it consumes. My initial advice has been to dissuade...
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    Thanks Ivana. That's exactly what we're trying to...

    Thanks Ivana. That's exactly what we're trying to avoid. It would be okay if all the applicants were worthy of interview, but some of them haven't got any chance of being appointed, even if there...
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    Question re internal recruitment practices

    I'm keen to hear how employers deal with internal applicants for a job that you have advertised.

    In particular, do you interview all internal candidates or do you reject some internal candidates...
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    Fabsteel, you didn't say what State he is in -...

    Fabsteel, you didn't say what State he is in - LSL rules vary between States.

    In some States "cashing out" LSL is only allowed in certain circumstances and may require Industrial Relations...
  18. Thread: Overtime

    by Moz
    Replies
    16
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    4,525

    Tiger, in an earlier post you suggested checking...

    Tiger, in an earlier post you suggested checking the award for teachers. The Victorian Government Schools Agreement 2013 states "Ordinary hours of duty for full-time employees are 76 hours a...
  19. Thread: Overtime

    by Moz
    Replies
    16
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    4,525

    bullswool, Regardless of the "numbers", you...

    bullswool,
    Regardless of the "numbers", you can't just ignore the law because you think it is unjust because some people get more holiday or get paid more than someone else, and therefore require...
  20. Thread: Overtime

    by Moz
    Replies
    16
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    4,525

    Using this approach someone earning $180k per...

    Using this approach someone earning $180k per year could be expected to work 24 hours per day, seven days per week!

    An annual salary is commensurate with a particular set of duties,...
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    Restraint clauses and Awards

    Does anyone know whether industrial awards have any affect on a restraint clause in an employment contract, or they completely separate?

    I'm asking because a friend who has been employed under an...
  22. Thread: Overtime

    by Moz
    Replies
    16
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    4,525

    Hi peejaye, That figure of $138,200 looks like...

    Hi peejaye,
    That figure of $138,200 looks like the unfair dismissal threshold. Can you please give us the link to the Fairwork page where you have seen a threshold relating to overtime.

    Generally...
  23. Thread: Overtime

    by Moz
    Replies
    16
    Views
    4,525

    Tiger, what's the situation for high school...

    Tiger, what's the situation for high school teachers, where there is an implicit expectation that they will work longer than 38 hours, usually at home?

    Teachers in the State system in Victoria...
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    Thank you Tiger and IndustrialResources. My...

    Thank you Tiger and IndustrialResources. My friend's daughter is apparently no longer getting any shifts, so it may be left to others to take this employer to task, which probably won't happen. I...
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    If the money hasn't been paid to the super fund,...

    If the money hasn't been paid to the super fund, then one could possibly argue that the contribution to the super fund has not actually been made, and the ATO wouldn't know about it. I think it's...
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