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    Agree with cottoneyes. Your employment status is...

    Agree with cottoneyes. Your employment status is not relevant, its the length and continuity of service. If you chose to leave early you will find your employer will withhold some of your notice...
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    Contract still needs to be equal or better than...

    Contract still needs to be equal or better than the relevant modern award, if there is one that covers the job. Unfortunately employers suffer from bad advice by being told they can put a $40,000...
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    Was just about to say "make them pay for it and...

    Was just about to say "make them pay for it and then pay them back after their 12 month qualifying period" :)
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    So are you talking about sites within the one...

    So are you talking about sites within the one company or spread across a number of companies? If its across a number of companies then I would have assumed that each company would require them to do...
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    Couple of questions if I can....Does the medical...

    Couple of questions if I can....Does the medical check get given to them when they have done it and is it a case of once you have had one then thats it they can use for the next company?
  6. Well, I googled it and got this for Qld. Not sure...

    Well, I googled it and got this for Qld. Not sure where you are but I assume it means the same.....Gotta love government ramblings.....

    Establishment Management - Public Service Positions -...
  7. Was it written by a recruiter or the company...

    Was it written by a recruiter or the company directly?
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    Wow....well if you "put up with her" it may have...

    Wow....well if you "put up with her" it may have been a case of she should have been performance managed out of the business long ago. Sack her now or restrict her access to surgery and your legal...
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    To be honest everyone I think it comes down to...

    To be honest everyone I think it comes down to morale and ethics. Are you really going to begrudge an employee time off for surgery, particularly an overweight individual who is trying to change, for...
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    Well thats the next issue isn't it Moz :) I would...

    Well thats the next issue isn't it Moz :) I would say that recruiters are equally exposed as employers who do their own recruitment but don't quote me :)
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    Welcome to my world :) Provision states...

    Welcome to my world :)

    Provision states "prospective employee" and ropes in the discrimination legislation. Be mindful also that the 21 day time limit therefore may not apply and the prospective...
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    Section 351 Div 5. I have gone through a rather...

    Section 351 Div 5. I have gone through a rather prolonged dispute on this very same sort of matter. Potential employee claimed that her impending pregnancy was the reason why she did not get the job....
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    Be very very careful. The Adverse Action...

    Be very very careful. The Adverse Action provisions are open to her if she even so much as gets a wiff of her pregnancy being the reason why she was not employed.
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    Well the next point is what projections have been...

    Well the next point is what projections have been done in terms of time frame of the standowns. Weeks? Months?...FWC don't look favourably on stand down without pay but that of course doesn't address...
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    Before I give you some non-binding advice can you...

    Before I give you some non-binding advice can you tell us if there is any casual, fixed term, part time or labour hire employees in the business?
  16. Firstly don't expect a concrete answer from the...

    Firstly don't expect a concrete answer from the FWO :)

    Secondly, I would agree with your external IR Consultants, minimum would be ordinary hours for each hour on standby outside the ordinary...
  17. I would be more concerned about what intellectual...

    I would be more concerned about what intellectual property he has taken with him as opposed to what you should be paying him....I would pay him for the 2 days and thats it.....
  18. That contract might be an hourly rate not salary...

    That contract might be an hourly rate not salary because they work inconsistent hours each week? Maybe 38 one week and 50 the next?....Have to remember that not all contracts are salary based.........
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    Greg is correct. For the purposes of the Act...

    Greg is correct. For the purposes of the Act there is no longer any such animal as probation. It is referred to as a minimum employment period or qualifying period of 6 months. If you have stated...
  20. Base it on your HR ratio. I worked for a company...

    Base it on your HR ratio. I worked for a company that had 1 HR Consultant per 100 employees. No reason why that ratio wouldn't work with contact officers also......Depends on how bad harassment and...
  21. No not at all. family connection has nothing to...

    No not at all. family connection has nothing to do with it. He's an employee and is entitled to payment. My point is that if it is insolvency then he might have a claim, but no chance of getting it...
  22. Janice, I think this issue goes above a HR forum....

    Janice, I think this issue goes above a HR forum. In terms of entitlements upon exiting the business he is entitled to be paid all accrued entitlements. But once trading insolvent etc comes into play...
  23. First off david if your wife is a employee also...

    First off david if your wife is a employee also and not in a position of managerial responsibility of the employees than she should certainly not be having a go at them. I can understand her...
  24. SHort answer....yes they can ask but I would warn...

    SHort answer....yes they can ask but I would warn the employee and employer about doing it. From different perspectives of course. Which perspective are you coming from? The employees side or...
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    If he has a certificate for the leave and is...

    If he has a certificate for the leave and is making an effort to attend work and undertake his role then it is something you are going to have to manage for a while. I assume he is on a...
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