NES

NES – The National Employment Standards Overview

What are the National EmploymentStandards? There are 10 minimum requirements under the NES.  The NES applies to all incorporated business (Pty Ltd) employing people in Australia.  This covers full-time and part-time employee.The NES includes:Maximum 38 hours work per week, plus reasonable additional hours;Employees may request flexible working arrangements (in can be made in certain circumstances12 months unpaid Parental leave (including adoption leave) and an additional right to ask for an extra 12 months;Annual leave – four weeks paid leave per year, plus an extra week for some shift workers.10 days of paid Personal leave (including sick and carer’s leave.  There are also entitlements […]

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law

Casual deemed permanent employee

Federal  Court converts casual to Permanent status! Late last week Federal Court of Australia bought down a judgment that could see many Australian casual workers converted into permanent employees. This possibility has been around for some time.  Many employers do not understand the concept of casual employment and often misuse the term unknowingly. However, ignorance is not a defence. It is now critical for all employers, no matter their size understand the implications of this case and what costs they will incur. Employers in retail, construction, hospitality and other high casual usage workers need to reassess the operation of the […]

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unfair dismissal

When dismissal goes wrong – sacked over the phone

When dismissal goes wrong Many businesses fall foul of Australia’s Unfair Dismissal Laws.  More small-medium enterprise businesses than larger.  It is critical for business to engage a HR expert early in the process and follow the guidance of HR to ensure this type of situation does not occur.  Some simple steps here, would have avoided this whole mess. In a recent case, a cleaning contractor Joss Facility Management was found to have unfairly dismissed Veronica Bennett, a 56-year-old female employee. In August 2016, Veronica commenced unpaid sick leave for an operation. During her recovery period she provided ongoing medical certificates […]

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law

Ex-Employee to pay legal costs for breaching confidentiality

The costs of Breaching Confidentiality In an interesting case, a former employee of Channel Seven, Executive Assistant Amber Harrison has been ordered to pay Seven West Media’s legal costs after the company took her to court for breaching a confidentiality agreement. This is a reminder to employers to ensure that you are clear on your obligations and expectations of employees, including your CEO!  This means ensuring strong employment contracts, great HR policies and processes and excellent employee communication. The case arose after a two year affair ended between Harrison had with CEO Tim Worner.  Harrison went on to make a […]

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New 457 Visa rules- More headaches for employers

  In a step that is sounding a bit Trumpish, Prime Minister, Malcolm Turnbull announced yesterday that the Government will replace the skilled 457 visa with two new visa categories to give Australians top priority for jobs. Turnbull made the announcement on Facebook, saying he would “put jobs first” and “Australians first”. The current four-year 457 visa for skilled migrants is to be replaced with: New 457 Visa rules- More headaches for high tech compa 2 year visa (no possibility of permanent residency) an a new 4 year temporary visa with added requirements, including work experience (which it does now) […]

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