Employment law - Riverland Community Legal Service
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Transcript Employment law - Riverland Community Legal Service
Employment law – rights and
responsibilities
Riverland Community
Legal Service
Types of employment
Employee or contractor?
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Control over work
Payment arrangements
Insurance, taxation, superannuation
Tools and equipment
“Sham” contracting
Types of employment
Casual employment
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Irregular hours
May or may not be offered work
Discretion to refuse work
Casual status is not solely determined by
contract
Casual employees
Entitlements
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No holiday pay, sick pay or payment for public
holidays not actually worked
Should be payed loading (at least 20% extra)
Are entitled to workers compensation
Sometimes entitled to long service leave
Are entitled to superannuation if paid more than
$450 a month (or less if by award)
Casual employees
Protections
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Are protected by anti-discrimination legislation
Are protected by unfair dismissal legislation if are
employed on a regular and systematic basis
and have a reasonable expectation of ongoing
work
Terms of employment
Express terms
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Under contract of employment
Under award or modern award
Rules of conduct or employer’s policies (if brought
to employee’s attention)
Implied terms
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Implied by law
Implied by conduct or circumstances of job
Federal or State system?
Federal system
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Constitutional corporation
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Where revenue is raised (doesn’t have to be profitoriented)
Commonwealth government authorities
State system
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State government authorities
Local councils
National Employment Standards
(federal system only)
Minimum standards of employment
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Max 38 hours per week full time
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But can be asked to work additional hours if reasonable
Up to 24 months unpaid parental leave (with
conditions attached)
4 weeks annual leave (5 weeks if a shift worker)
Public holiday pay
Redundancy pay
Equal opportunity protections
Prohibited to discriminate in employment in
regards to:
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Age
Sex
Sexuality
Marital status
Pregnancy
Race
Disability
Equal opportunity protections
Religious dress
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Generally cannot discriminate based on religious
dress
Exceptions:
Safety hazards
Where face needs to be identified
Reasonable dress codes
Occupational health & safety
Employer must provide a safe work
environment
Must maintain equipment and provide
adequate safety training
Employees must follow health and safety
instructions
Different requirements for different industries
Termination of employment
By giving notice (i.e. resigning)
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No reason need be given
Notice period set by contract or award
If no set notice period, must give reasonable
notice (unless there is a set period of
employment)
Termination by employer
Breach of employment contract
Consistent poor performance
Consistent misconduct
Summary dismissal
Retrenchment, redundancy and bankruptcy
Unfair dismissal
Different laws apply to small businesses
Where dismissal is harsh, unjust or
unreasonable
Must have worked 6 months (or 1 year if
small business)
14 days to make an application
Unfair dismissal
Harsh, unjust or unreasonable
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Terminated for poor performance but given no
warning or opportunity to improve
Terminated for performing in accordance with the
employer’s directions
Constructive dismissal
Unfair dismissal
Application to Fair Work Australia
Mandatory attendance at conference
Remedies:
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Reinstatement (primary remedy)
Compensation
Unlawful dismissal
Dismissal that is in breach of certain general
protections
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Discriminatory dismissal
Dismissal for union involvement
Dismissal for temporary absence due to illness
Organisations
Fair Work Australia
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1300 799 675
Unfair dismissal
Complaints regarding entitlements (federal system only)
SafeWork SA
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1300 365 255
Occupational health & safety
Complaints regarding entitlements (State system only)
Organisations
Employee Ombudsman (SA)
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8207 1970
Advice on rights and entitlements
Advocacy on behalf of employees (except in
cases of unfair dismissal)
Human Rights Commission
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1300 656 419
Discrimination complaints
Organisations
Equal Opportunity Commission
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8207 1977
Discrimination complaints
Legal Services Commission
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1300 366 424
Free legal advice
Organisations
Working Women’s Centre
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8410 6499
Free legal advice
Also consider contacting the relevant union
for advocacy and representation