FAQs matching Employment Law - Employer Perspective

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If I'm injured at work, when can I apply for compensation?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, OHS, Industrial Relations, Employment and Human Resources

If an employee is injured carrying out their duties, and the work undertaken was a significant contributing factor towards the injury or disease suffered,...

Are casual employees protected against unfair dismissal?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, Industrial Relations, Redundancy, Unfair Dismissal

For casual employees to receive protections, they must have worked for an employer for the ‘minimum employment period’ referred to in ss 382-383...

What is the managerial prerogative in relation to employment law?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective

Although a request to perform acts beyond the function and contractual appointment may not need to be obeyed by the employee, there are a number of matters...

I have just finished my trade apprenticeship, and am seeking employment. The majority of workers in my industry are independent contractors and I have heard some of the older workers talking about reform opt-in agreements. What is this?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, Industrial Relations

A reform opt-in agreement is a written agreement, which is made during the transitional period, between an independent contractor and the person employing...

I'm a 19 year old restaurant employee and have heard from my fellow employees that there will be a yearly increase but I won't get it? Is this true?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, Industrial Relations, Employment and Human Resources

As a worker under 21 years of age, you are considered a junior employee and junior employees are also eligible for the 2012 Annual Wage Review. Special...

Can I be fired for comments made regarding a fellow employee on a social media site?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, Harassment, Redundancy, Unfair Dismissal

If the decision by Fair Work Australia in O’Keefe v William Muir’s Pty Ltd T/A Troy Williams The Good Guys [2011] FWA 5311 is any indication,...

Is it possible to terminate an employee for making derogatory comments about work colleagues on social media?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, Harassment, Workplace Privacy, Unfair Dismissal

If you wish to terminate an employee for making derogatory comments on social media you need to be aware of a recent decision in Fair Work Australia where...

How is Bullying different from harassment or discrimination?

Practice Areas: Business & Commercial Law, Franchises, Employment Law - Worker Perspective, Employment Law - Employer Perspective, Discrimination, Harassment

Bullying is defined by its behaviour, and can potentially affect the emotional, mental and psychological well-being of workers. Harassment and discrimination...

Are there any remedies for an employee who has suffered an ailment due to excessive work hours?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective

If we look towards case law, the actions that have been initiated by workers due to excessive workloads are generally psychiatric in nature. However,...

How does Fair Work Australia make a determination that a worker has been unfairly dismissed?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, Industrial Relations, Unfair Dismissal

When determining if the dismissal of an employee was harsh, unjust or unreasonable, the FWA will take into consideration the following elements: • whether...

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