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If an employee was transferred to a safe job before they took parental leave or they reduced their hours due to pregnancy, then they are entitled to return to the job they had before the transfer or reduction. Courts will consider whether consideration for a restrictive covenant has been given to an employee. Terms implied by law are the most significant and include the employee’s duties of good faith and fidelity, to work with skill and diligence, and to obey lawful and reasonable orders. Upon commencing employment, all employees must be provided with a copy of the Fair Work Information Statement, advising them of their rights under the NES. If the employee’s job no longer exists, a redundancy may arise. and unlock access to three FREE PDF downloads per month
Under the FW Act there may be a transfer of employment between two employers where the transferring employee commences work within three months of termination from the old employer, the work performed is substantially the same, and one of the following connections is established: 5.2 What employee rights transfer on a business sale? Parental leave entitlements in Australia extend beyond maternity leave to include paternity and partner leave, adoption leave, and special maternity leave (where an employee has a pregnancy-related illness or her pregnancy ends after 12 weeks because of a miscarriage, termination or stillbirth). How are different types of worker distinguished? The distinction between permanent and casual employees can be important when determining whether an employee is entitled to certain benefits. At common law, this distinction between employees and independent contractors is determined by applying a multi-indicia test, which looks at the totality of the employment relationship. Joydeep Hor Whistleblowers are guaranteed anonymity if requested, given increased immunities against prosecution, and protection against detriment (including dismissal) through victimisation. The 2018–2019 FWC Annual Report states that 96% of appeals were heard within 12 weeks and 99% of appeals were heard within 16 weeks.
Longer notice requirements may apply under an industrial instrument, contract or policy. Certain specific protections apply to “long-term” casuals and outworkers. Oversight in this area is split between the Fair Work Commission and the Registered Organisations Commission. An enterprise agreement will continue to apply to a transferring employee while they are performing transferring work, until it is terminated or replaced. If so, on what grounds is discrimination prohibited? A wide range of workers are covered under anti-discrimination legislation, including apprentices or trainees, workers on probation, part-time and full-time workers, casual workers, labour hire workers, contract workers and workers on a work visa. Employers can only refuse such a request on reasonable business grounds. 4.6 Are employees entitled to work flexibly if they have responsibility for caring for dependants? Employees may be entitled to paid parental leave from the Australian Government or from their employer under an enterprise agreement, contract or policy. An income threshold (currently set at $148,700) applies to some FWC proceedings, as well as a cap on compensation. To end employment, an employer must give the employee written notice of the last date of employment, or payment in lieu of notice.
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