Can annual leave be cashed out?

Employment Law

The Fair Work Commission has now decided that all modern awards should allow for the cashing out of annual leave, on grounds similar to those already provided for in section 93 of the Act. This will permit employees who are covered by a modern award to cash out accrued annual leave in excess of four weeks. Again, the terms provided for in section 93 of the Act must be adhered to. Furthermore, employees covered by a modern award will be limited to the amount of annual leave that they can cash out, being a maximum of two weeks in any 12 month period.

Superannuation for Contractors: What you need to know

Employment Law

Businesses have an obligation to pay superannuation for their employees. But did you know that you may also have an obligation to pay superannuation for contractors? Read here for more.

Unfair Dismissal compensation: A new approach

Employment Law

Litigation [Courts & Tribunals]

A recent case before the Full Bench of the Fair Work Commission has clarified the way compensation is calculated in unfair dismissal cases. Read here for more.

Beware the workplace bully!

Employment Law

Bullying is defined as repeated unreasonable behaviour directed at a worker or group of workers that creates a risk to health and safety and is likely to be ongoing. This can involve aggressive or intimidating conduct, unreasonable work expectations, or pressure to behave in an inappropriate manner. It does not cover reasonable management action, such as necessary performance management, so long as such action is carried out in a reasonable manner.

Avoid the viral spiral: Disgruntled employees and social media

Employment Law

How can you deal with a disgruntled employee who decides to go online and (often anonymously) post less than flattering comments about you and/or your business? We list some basic risk management strategies that you can engage in this area.

Fair process? Avoiding an Unfair Dismissal claim

Employment Law

Sometimes a good reason is not enough. A claim for Unfair Dismissal can arise where the process of dismissing an employee is deficient. When it is time to send a poor performer packing, be mindful of the guidelines in the Fair Work Act 2009.

I don't want my former employees to steal my customers. What can I do?

Employment Law

Business Law

It is common for employment contracts to include a 'restraint clause' which says that an employee who leaves will not work in the local area for a certain period of time. But what happens if a former employee ignores this?

Illegal job interview questions to avoid

Employment Law

When interviewing potential new employees, employers need to be careful about the questions they ask. Although you might have a legitimate reason for not giving the job to a particular applicant, you don't want them to begin wondering if they have been the victim of discrimination. There is a range of Victorian and Federal legislation and case law which prohibits the unlawful discrimination of someone based on one or more of a series of factors. Even engaging in some friendly small talk during the job interview could potentially be used later against an unwitting employer.