2 years ago Can we pay penalties on the minimum rather than ordinary rate? We are proposing to pay a few dollars above the minimum hourly rate set out in the applicable modern award.
2 years ago Can we withdraw an offer of employment when the contract hasn’t been signed? What wording can we add to our contracts for employment to be conditional on signing the contract within a certain time period?
2 years ago When is an employee entitled to return to their role after parental leave? We have an employee who will soon be taking parental leave. This is a non-award employee who has not worked continuously for our organisation for 12 months. Is the employee entitled to return to her substantive role?
2 years ago Should we pay shift workers for public holidays? Are shift workers paid for a public holiday if they aren’t rostered to work on that day?
2 years ago How can we respond to an employee's breaches of our attendance policy? Are we able to take disciplinary action against this employee for his absences?
2 years ago Can award-free employees cash out annual leave? Our employees are not covered by a modern award. One of them has accumulated a substantial amount of annual leave and has asked if she can cash it out. Can award-free employees cash out annual leave?
2 years ago What health and safety duties apply to workers we employ overseas? What health and safety duties does a person conducting a business or undertaking have to workers outside of Australia and how do they meet these duties?
2 years ago Can we direct a job candidate to take a pre-employment medical examination? Are we able to request for a job candidate to undertake a pre-employment medical so that a doctor can provide us with any recommendation on what adjustments would be needed for the candidate to perform the job before we decide whether to engage them?
2 years ago Can we request medical evidence to prove an employee is fit for work? Can we ask them to provide a medical clearance from their doctor or should it be a company designated doctor?
2 years ago Can we retrench a pregnant employee? We are reorganising our business and we want to make a position redundant that is currently held by an employee who is pregnant. Can we retrench a pregnant employee?
2 years ago Must we recognise permanent service when an employee converts to casual? The employee has requested a move to casual employment. Will it be necessary to recognise previous permanent service?
2 years ago Can we withhold pay until company property is returned? Can we withhold employment termination pay (i.e. pay in lieu of notice and annual leave accrual) until the return of the equipment?
2 years ago Are volunteers covered by health and safety legislation? Are volunteers in Victoria covered by the Victorian Occupational Health and Safety Act 2004 (OHS Act)? Does this differ to the legislation in New South Wales?
2 years ago Can we dismiss a probationary employee for taking excessive personal leave? Are we able to dismiss someone in their probationary period for taking excessive personal leave?
2 years ago Must we accept a long notice period upon resignation? Are we required to accept the long notice period and therefore pay out for 2 months?
