Whether an employee is entitled to be paid for being on call depends on the applicable industrial instrument.
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Wages
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A loaded rate is a rate that is higher than…
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The special national minimum wage is a separate minimum wage…
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All Australian employers must pay their employees a wage.
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An Expert Panel in the Fair Work Commission determines the…
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Wages
How you calculate statutory entitlements will depend on whether your employees are covered by a modern award or enterprise agreement.
Wages
An employee who works in excess or outside of their ordinary hours may be entitled to payment.
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Stand downs
An employer may direct an employee to stop performing work for a specified period, and not pay wages to that…
Stand downs
Under the FW Act, you can stand down employees during a period when you cannot usefully employ them.
If an employee is dismissed in the course of a…
The ATO has issued a ruling to clarify when a…
Dismissal
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Every employer will need to dismiss an employee at some point.
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An express dismissal occurs when an employer notifies an employee of their last day of employment.
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Express dismissal with notice occurs when you give notice of the termination of the employment contract.
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Notice of termination of employment must meet two criteria.
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You may have the right to instantly dismiss an employee. This is known as ‘summary dismissal’.
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Discrimination
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Discrimination is when an employee is treated less favourably than others in the workplace who are in the same or similar circumstances.
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Direct discrimination occurs when you treat another employee or group of employees differently because of a particular personal characteristic.
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Indirect discrimination is when a policy or practice is implemented that disadvantages a person/s with a certain attribute.
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Systemic discrimination is when the policies and attitudes in a workplace results in discrimination against an employee or a particular group.
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Discrimination is unlawful in these circumstances.
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Employment contracts: Part 1 – Drafting a legally enforceable contract
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An employment contract is an agreement between an employer and an employee that stipulates working obligations and entitlements.
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Permanent employees work regular hours each week.
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There are two types of time-limited employment contracts.
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Generally, an employee under a time-limited contract will not be entitled to make an unfair dismissal claim when their contract ends.
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You may be liable for breach of a fixed-term contract if you dismiss an employee before their contract expires.
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