Employment Law FAQ

This is a perfect example of why you need professional advice with employment law. There are so many crucial factors involved here, including the size of your company, how long they have been working there, and also what they earn. 

You could open yourself up to the potential of having an unfair dismissal claim laid against your company if things are handled incorrectly. You should consult an employment lawyer before dismissing a member of staff for anything aside from clear beaches of laws.

There are several ways to describe this. You have been unfairly dismissed if it is deemed to be unjustified, harsh, or unreasonable. Also, if there was no reason for a genuine redundancy, then it is also classed as an unfair dismissal. A small business must also comply with the Small Business Fair Dismissal Code, and any breach of that code is a serious issue.

Quite a lot actually. They look at each case on an individual basis, and they take the points mentioned in the previous question into consideration. At the same time, they also stress that an employee should be able to address the apparent reasons as to why they have been dismissed. If there are any issues about their conduct, then they need to be discussed.

The commission is not saying they are on the side of anybody in particular, but they do want to see fairness being applied across the board.

You need clarification on this before you start work as your rights will be different depending on whether you are an employee or a contractor. 

As an employee, you have certain rights connected to having a set number of hours, an agreed pay, and also other things you are entitled to throughout your employment. 

As a contractor, you are still paid, but you don’t have the same entitlements or a guaranteed amount of work aside from that stipulated at the time of you being hired. Also, you are responsible for more areas and aspects including the quality of the service you provide, and how to deal with any issues that may arise.

This is a great question, and it’s also an important one. You need to be aware of what’s expected from you in accordance with laws or acts such as the Fair Work Act of 2009. 

There’s also a total of 10 National Employment Standards to be followed when hiring an individual. Once again, this is expected from a company, and they apply across various industries. It involves making it clear how much they will be paid, and that it is at least the minimum wage, as well as entitlements, hours they will work, and when they will work.

But then, you must also be aware of how to keep records. For a first-time employer, there are so many areas where there could be a potential slip-up.

If you are at all concerned as to how laws may apply to you when about to hire an individual, then seeking the correct legal advice will reduce the chances of you facing some sort of claim against you in the future should the employment not work out.

According to the Fair Work Act, the amount of notice that you must provide to an employee is dependent on the length of time they have been employed by you. However, every employee is entitled to be giving advance warning of what is going to happen. This is to then provide them with the opportunity to discuss what is going on.

If an employee has been working for less than a year, then they must be given 1 weeks notice. If they have been working for between 1 year and 3 years, then this goes up to 2 weeks.

For 3 years to 5 years, it means 3 weeks notice, and over 5 years is 4 weeks notice.

Some companies move their base of operations to another location, and it’s true that some employees wouldn’t feel able to move, or feel they are unable to carry on working for that company at that time.

Whether or not they will then receive redundancy pay depends on certain factors. If it is a reasonable request, and they do not wish to stay, then they will not be covered by redundancy pay. However, if it is deemed as being unreasonable, then you must provide redundancy pay.

But reasonable is a term that is unique to each situation. If the distance between locations is not that different from how far they already travel, then it would be a reasonable request. Also, if you are providing them with some compensation for the move, then this would also be deemed as being reasonable 

Once again, you should consult with an employment lawyer if you are at all concerned about the legal implications.