Managing Problem Employees in the Workplace (Summary Dismissal)
It is fair for an employer to dismiss an employee without notice or warning (summarily) when the employer believes, on reasonable grounds, that the employee’s conduct is sufficiently serious to...
View ArticleSexual Harassment
STOP!! THINK!! DON’T GO THERE!! Kirsty Fraser-Kirk’s claim for $37.0 Million in punitive damages against David Jones and their ex CEO, Mark McInnes, relating to two incidents of alleged inappropriate...
View ArticleRecall to Work – Overtime (Local Government)
QUESTION: “Hi Mike, I have a query regarding the application of the award for overtime. We have an employee who worked an hour and a half of his RDO last Monday grave digging. My query is if this is...
View ArticleHigher Duties Allowance #2 (Local Government)
QUESTION: “Hi Mike! At what point can someone be determined to be carrying out Higher Duties under the Municipal Employees (WA) Award 1999 (“the Award”)? Recently our Works Supervisor went away for...
View ArticleBereavement Leave (Local Government)
QUESTION: “Hi Mike. I have a query regarding bereavement leave. We have a staff member who has no sick days owing and they have lost a member of their immediate family. Is bereavement leave similar to...
View ArticlePortability of Leave Entitlements (Local Government)
QUESTION: “Hi Mike. I have a question regarding entitlements such as longevity (length of continuous service) for (portability of) Long Service Leave purposes and (portability of) sick leave. What is...
View ArticleEmployee Seeks Leave Without Pay
QUESTION: “Hi Mike. An employee has requested to take unpaid leave of more than one week, even though they have not exhausted their annual leave accrual. I couldn’t find any clauses in the Municipal...
View ArticleThe Fair Work Act 2009 Fair Dismissal Code
The Fair Work Act 2009 sets out the Small Business Fair Dismissal Code which defines the circumstances where summary dismissal is warranted, the steps an employer should take in respect to the...
View ArticlePolicy Writers Beware of False Promises
From a recent seminar that I attended at Jackson MacDonald Lawyers I learned that as a rule of thumb for policy writers – make sure that you do not use “promissory language” in your policy writing...
View ArticlePlease Read Me Before Posting
Visitors to this site are invited to post their views on the available threads or to start a new thread of their own altogether. When posting, you will assist us if you keep on topic and if you post...
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