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5 Tips to Avoid Unfair Dismissal and Massive Penalties

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Here are a few simple tips on how to avoid Unfair Dismissal and Massive Penalties.

  1. Never fire out of emotions; and
  2. always allow the employee to have an opportunity to respond to your allegations before making a decision.

For a FREE REPORT on how to avoid dismissal download our free report.

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For assistance on how you can have peace of mind and avoid unfair dismissal and massive penalties contact us on + 617 3349 5662 or +61 409 002 365.

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Small Business Dismissal Guide

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Fair Work have published a Small Business Dismissal Guide applicable to those who have less than 15 employees. However Fair Work have said that following this guide does not guarantee you will not be taken to the Commission or sued. It is important to take advice. Recently a aquaintance of our racked up $120,000 in legal fees before settling for $20,000 by deed of release. Taking advice can save you thousands. Click her to download a copy today:

Click Here ...

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Fair Work Information Statement

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The Fair Work Information Statement is a 2 page document that you must give a copy to every new employee and have this Statement in your workplace where it is easy to see by all. Each financial year end a new one comes out predominantly because the dismissal threshold increases.

Fair-Work-Information-Statement Dec 2014.doc

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Wages and Conditions Complaints to the Fair Work Ombudsman 2013 – 2014

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In the financial year 2013 – 2014 the Fair Work Ombudsman received a staggering 595,500 complaints with 50% of those being around wages and conditions.

As a result of investigation these complaints the Ombudsman recouped more than $23,000,000 for complainants.

The highest percentage of complaints was in the hospitality followed by construction with other complaints from administrative services, retail and manufacturing.

Many of the complainants were younger workers who had not been remunerated correctly.

In today’s environment employees can easily lodge a complaint with ...

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Vicarious liability

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The law briefly

If an employee is injured by the negligent or reckless behaviour of another employee (occurring in the course of employment) then the employer is liable to the injured employee. This principle of law is known as vicarious liability.

Vicarious liability is a principle that has broad application in relation to the employer-employee relationship.

Note that particular care should be taken in respect of apprentices, trainees and junior employees generally. Young employees are often in vulnerable situations at work and employers ...

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Under influence of drugs or alcohol checklist

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The law briefly

The employer has a real and direct responsibility for the health and safety of all its employees and is liable to take reasonable care of third parties (eg visitors to the worksite). This means being vigilant and also having systems and policies in place to promote health and safety.

The employer is responsible for the actions of its employees in the course of employment (with few exceptions). This liability is referred to as vicarious liability.

Having an unqualified rule that ...

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PROBATION AND QUALIFYING PERIODS – WHAT IS THE DIFFERENCE?

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In recent years with the introduction of Fair Work many traditional components of employment agreement clauses have changed.

Were as probation was enshrined in previous legislation this is now not the case. Probation has been replaced by a qualifying period.

PROBATION is not a formal part of Fair Work however can employers continue to use this clause in employment agreements. The usual term of probation is 3 months although in some more senior professional field six months is sometimes used. When probation ...

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Should you pay over award entitlements for annual leave

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Many employees are paid over the award entitlements to compensate the employee for times that they mey work extra hours. The question is should you pay annual leave calculated including these entitlements.

The simple answer is no, an employee is paid on thier ordinary hours prescribed by the award which in most cases is 38 hours per week. Additional hours are not considered ordinary hours and could be subject to overtime payments.

The National Employment Standards (NES) provides that an employee is ...

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Can I Cash Out Long Service Leave?

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A common question amongst employers is can we cash out long service leave to an employee without the employee taking actual leave.  It is not unusual for some long term employees to rack up a considerable amount of long service leave which causes your business to acrue  a considerable amount of cash liabilities and resultant cash flow issues.

Every State and Territory has their own long service leave legislation.

  1. Australian Capital territoryT – Long Service Act 1976
  2. Northern Territory – Long Service Act ...
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Sham Independent Contracting

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The matter of sham independent contracting has caught the eye of the ATO and the FWC in recent years and companies or entities caught engaging in these practices have been subject to harsh penalties. Sham Contracting is where a person obtains a Pty company or an ABN, is essentially a sole trader deriving their revenue from 1 or 2 sources and fail numerous tests such as the ‘High Cour Control Test’, common law, the ATO business test and the Personal ...

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