This is not an easy topic due to the interaction of different laws. It is important to note that when making a decision about which rule applies in a given situation concerning an employee, the legislation will always over-ride the award, enterprise agreement or employment contract where the legislation is more beneficial to the employee, … Read more

What notice and evidence is required for leave taken in regard to jury duty? Employees must advise their employers of the period or expected period of leave as soon as possible. If an employee requests leave they need to provide evidence showing they attended jury selection or jury duty. How do we treat payment for … Read more

Outstanding payments for time worked up to termination: All outstanding payments must be paid to an employee upon termination. Payments may include any outstanding ordinary time hours, overtime, allowances, leave taken, bonuses, shift loadings, etc, that would have been payable and treated as normal pay and taxed using the appropriate tax tables. Other payments can … Read more

Under the Fair Work Act, certain amounts can be withheld from an employee’s pay providing they meet the requirements of being “permitted deductions”. This part of the law is aimed at deductions like health insurance payments, union fees and similar. Such deductions can occur where the employee has made the request in writing and the … Read more