#Unfair Dismissal Lawyers In Perth

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Leave and the Law: Key Questions for Employers in Perth

Maintaining a healthy work-life balance is a priority for employees, and annual leave is a crucial entitlement they value. As an employer, you may have questions regarding whether all employees are entitled to it, when it is appropriate to reject leave requests, and if you can direct employees to take leave at specific times.

In Australia, annual leave entitlements are regulated by the National Employment Standards (NES), along with individual employment contracts and enterprise agreements. It is vital for employers to be clear on their obligations and rights when handling annual leave requests to ensure compliance and fairness.

Who is Entitled to Annual Leave and How is It Calculated?

Under the NES, full-time employees in Australia are entitled to 4 weeks (20 days) of paid annual leave per year. Part-time employees also accrue 4 weeks of annual leave, but this is calculated on a pro-rata basis according to the hours they work. Casual employees, however, are not entitled to accrue annual leave.

Can Employers Reject an Annual Leave Request?

According to Andrew Jewell, Principal at Jewell Hancock Employment Lawyers, employees can apply for annual leave as long as they have accrued it. Employers can only reject a leave request on reasonable grounds, such as high seasonal demand or essential staffing needs. However, Jewell warns that refusing leave can harm employee morale, so it is important to approach these decisions carefully.

There is no general legal requirement for employees to provide a specific amount of notice when requesting leave, but this can be outlined in an award, enterprise agreement, or company policy. The amount of notice an employee provides can influence whether an employer’s refusal is considered reasonable.

Can Employers Require Employees to Take Annual Leave?

Employees may choose to accumulate their annual leave for future use, but excessive untaken leave can become a liability for employers. In certain situations, such as during a Christmas shutdown or when an employee has accrued excessive leave, employers may direct staff to take time off. However, employers must ensure compliance with any applicable awards or agreements when making such requests.

What Happens to Untaken Annual Leave?

If an employee leaves the organisation, whether voluntarily or due to redundancy or dismissal, employers are obligated to pay out any unused annual leave. "Regardless of the reason for termination, untaken leave must be paid out," Jewell explains.

Can Employers Dismiss an Employee While They Are on Annual Leave?

While it is not illegal to dismiss an employee during their annual leave, it is unlawful to dismiss them because they are on leave. Furthermore, such a dismissal could be considered procedurally unfair, according to Jewell.

Employers need to understand their legal responsibilities around annual leave to ensure a compliant and fair work environment. Full-time and part-time employees are entitled to annual leave, and leave requests can only be refused on reasonable grounds. Additionally, any accrued leave must be paid out when an employee leaves.

Professional HR Support

Navigating the complexities of leave entitlements and employer obligations can be challenging. For expert guidance on annual leave management or broader HR concerns, it is advisable to seek professional HR advice.

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2024-06-21

Singapore

Seller makes $2.65m profit in Orchard condo sale - the unit was bought 4 years ago

Raffles Place Park to be revamped into space for relaxation & social interaction by 2028

Snap to increase Asia-Pacific presence, with Singapore as regional hub - does anyone still care about Snap anymore?!

1st BTO flats in Bayshore + Kembangan integrated development to be launched in October

Jail for ex-cop who forged witness statements then lied to court in bid to be lawyer - apparently he was diagnosed with "adjustment disorder" 🙄

Government to seek compensation from owner of ship that was hit in oil spill incident - as dumb as it sounds, under the Merchant Shipping (Civil Liability & Compensation for Oil Pollution) Act 1998, the owner of Marine Honour has strict liability, which means it is liable even if it is not at fault

Singaporean driver accused of intentionally hitting cyclist in Perth charged with murder - it was supposedly an act of vigilantism

309 people under probe over scams involving more than $14m in losses

Shopping

Singapore: New codes of practice require Carousell & Facebook to verify "risky" sellers/advertisers to curb scams

Health

Now scientists are finding microplastics in human penises too

No human cases of bird flu in Singapore but public urged to stay vigilant

Technology

Perplexity is not as good as you think it is

Astronauts still stuck on space station as Boeing tries to figure out what's wrong with Starliner - it should never have been allowed to leave Earth, given the fact it was already leaking helium!!!

Business

OpenAI scientist ousted after failed coup against Sam Altman is starting a new AI company

Environment

^ Farmland near Chernobyl nuclear reactor is finally safe to use again

Cleanup underway at 2 Johor beaches blackened by Singapore oil spill - it's stupid & unfair how redress can be sought for water & land pollution but not air pollution, which JB's Pasir Gudang factories constantly bombard us with!!! 😡😡😡

Entertainment

Madonna fans who sued singer over late concert start dismiss their own lawsuit - the exact same thing has happened in the past, with other fans too

Transport

Passengers film multiple German cockroaches in private-hire Gojek vehicle

37-year-old PAB rider falls headfirst into drain in accident - luckily, no one else was hurt except him

[employmentlawyersperth]

Why you require an attorney to deal with an unfair dismissal claim?

Contact For Unfair Dismissal Lawyers In Perth-For you and your family, losing work can be a time of stress. Experienced Best Unfair Dismissal Lawyers offer guidance and help in making allegations for unfair dismissal for employees on the spot. Employment Lawyers Perth is an expert to inform Employee and, where necessary, to present unfair dismissal allegations. Employment Dispute Lawyers Perth is also a specialist in employment law and has extensive expertise in cases of employment law.

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[workerscomp5]

Here the best work compensation lawyers to get solution of your work query- Call us.

Who will provide you all the legal way of process to get you better in your needs? As do not bother if the owner do not compensated if they had done with you, we are the lawyer of different term over all we know the whole legal process to deal such type of cases near you, if you are injured at work, this is actually not fear by means of any injury or harassment during the period of work, we provide you Top workers comp lawyers Perth near you to get the solution of compensation.Why is having a workers compensation lawyers in Perth important? This is important as the above asked so here  Who will provide you all the legal way of process to get you better in your needs? As do not bother if the owner do not compensated if they had done with you, we are the lawyer of different term over all we know the whole legal process to deal such type of cases near you, if you are injured at work, this is actually not fear by means of any injury or harassment during the period of work, With over 10 years experience helping employers, we know what we are doing. Make sure you are compliant with legislation. Speak to one of our expert consultants! Resolve Unfair Dismissals,we provide you Top workers comp lawyers Perth near you to get the solution of compensation

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If you need sound legal advice on employment law and/or employment rights talk to the experts at civil lawyers Perth. We will provide experienced employment. Employment Lawyers Perth - Our Best employment lawyers in Perth can help with unfair dismissal, employment matters, Our team of civil lawyers in Perth has the best team of employment lawyers. He has years of experience in dealing with employment disputes and knowing employment rights. We believe in giving our customers a smooth and hassle-free experience. Contact us today for Civil Lawyers Perth WA.

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Employment Termination Lawyers

[employmentlawyersperth]

The work law in Australia helps in ensuring employee rights, and the employees are provided security by both the federal and state laws. So, act in the first instance as this may ultimately lead to unlawful dismissal or mistreatment. Re-appropriating the services of decent employment lawyers Perth WA will be the best choice for you to make, and the legal counselors will ensure, you get the correct judgment.

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Employment lawyers Perth WA makes an offer of life insurance, health insurance, short-term and long-term disability benefits. Employment lawyers near me are with you at any instant to get your query with us and start the process from the starting day because we know the valuable time and value of money. and get in touch with us. There is a provision of unfair termination counsel for the employee investigation to prevent wrongful executive dismissal. As per workplace bullying contract law, the investigation should include job contract analysis for more communication between the employer and the agency  

[employmentlawyersperth]

Here we work for the legal process and make the decision of fairness with the unrelated problems that employers facing nowadays. Top Voted 2019 Employment law Lawyers firm in Perth makes issues like unfair dismissal, breach of job contract, sexual harassment, abuse in publically and all the issues which people getting faced. Employment lawyers are here to deal with your services for which people facing a lot of problems and getting their valuable time on it. So we are here with the experts, Feel free to contact regarding workplace issue to employment lawyers.

[employmentlawyersperth]

Employment Lawyers Perth WA is a top-rated law firm with over many years of experience in corporate practice. Employment Lawyers Perth is an experienced law firm committed to assisting you with every step of the way. Customer satisfaction is our focus, and we are proud that our clients have ranked our firm as the number one law firm in Perth for employment. Employment lawyers near me in Perth are top-class Best Lawyers who will provide you with the comprehensive advice needed to ensure a fair resolution in your case. Our practice provides guidance and services for people across Australia in a wide range of employment-related cases like a breach of contract, unfair dismissal, sexual harassment, workplace harassment, non compete agreement, Settlement Agreement, employment contract cases and If you believe you have been facing such workplace issues then Contact employment dispute lawyers today to schedule your case evaluation.

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Employment Lawyers Perth:- www.perthemploymentlawyers.com.au

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Discrimination Employment Lawyers Perth : Perth Employment Lawyers : www.perthemploymentlawyers.com.au

[mkilegal-blog]

MKI Legal, is a specialist employment law firm operating in Perth, Western Australia. We have a broad scope of legal experience and expertise in unfair dismissal, discrimination, sexual harassment, bullying, redundancy, and all other workplace issues and disputes.

[mkilegal-blog]

MKI Legal, is a specialist employment law firm operating in Perth, Western Australia. We have a broad scope of legal experience and expertise in unfair dismissal, discrimination, sexual harassment, bullying, redundancy, and all other workplace issues and disputes.

[mkilegal-blog]

Labour- hire Arrangements. Who Is The True Employer Of Labour-Hire Workers – From The Perspective Of Unfair Dismissal Lawyers, Perth

Labour-hire refers to the process by which businesses employ workers in order toprovide a service to other businesses by assigning those workers to perform work for those businesses (the host business).The host business pays the labour-hirebusiness a fee for providing its employees to work for them.

There is an issue then regarding who the true employee of the hire workers is. Is it the labour hire company or the host organisation?

A recent Australian case gives some guidance.

FP Group Pty Ltd v Tooheys Pty Ltdconcerned a brewery operated by the Australian company Tooheys. Tooheys entered into a 3 yearcontract with FP group, under which FP group would supply mechanical and electrical trades services to Tooheys. This was a labour hire agreement. A further contract was entered into in 2002. That contract had a term of 3 and a half years but continued to operate after that period of time.

There was a clause in the contract saying that the workers would not be recognised as employees of Tooheys.

In 2011 Tooheys restructured their business and as a result of this they dismissed a number of FP group employees. Tooheys also terminated its contract with FP group and engaged another labour-hire company. The FP group employees lodged applicationsfor unfair dismissal. Some of the employees alleged that FP group was their employer, and others said thatTooheys was their employer.

The Fair Work Commission found that although Tooheys exercised a great deal of control over the employees, FP group was still the true employer. The Commission took a number of factors into consideration to decide this, but the most important were:

1. FP group recruited the employees and entered into contracts with them.

2.  FP group paid the employees and made superannuation contributions on their behalf.

3. FP group supplied clothes and tools to the employees.

4. FP group paid for their induction and training, and provided other things such as salary entitlements and annual leave.

The Commission also noted that labour-hire arrangements may constitute sham contracting where other features suggest so. However, in this case there was nothing to suggest it was a sham, it was considered to bea genuine labour-hire arrangement. This was also because FP group had established itself as a business that was structurally independent from Tooheys. It supplied labour to other organisations, and had its own premises and own staff.

Summary

According to our unfair dismissal lawyers, the effect of this case is that genuine labour-hire agencies will be considered the true employers of workers supplied to other companies under a labour-hire arrangement, even where the hiring company exercises a large degree of control over those employees.

When labour-hire employees lodge unfair dismissal or general protections applications with the Fair Work Commission, they must be aware that the hiring company is not their true employer, it is the actual labour-hire company that is their employer.