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Can you insist an employee is assessed by a doctor you nominate

WebThe basis for this right is the general duty of care you owe all of your employees, underpinned by work health and safety legislation. In Fitzsimmons v Alice …

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URL: https://www.employmentlawhandbook.com.au/bulletin/can-you-insist-an-employee-is-assessed-by-a-doctor-you-nominate/

Considering mental health issues when dealing with …

WebThe employee’s mental health issues were known to the employer and were found to be a contributing factor to the alleged misconduct. The FWC observed that, as a supplier of …

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Employee grievances and disputes

WebA grievance is a statement of complaint raised by an employee about something in the workplace with which they are unhappy. Grievances usually relate to an issue arising out …

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When can you request medical information from employees

WebUnder the Fair Work Act 2009 (Cth), an employee is entitled to take their accrued paid sick leave if they: are unfit for work because of a personal illness or injury; …

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8 dos and don’ts of pre-employment medical screening

Web8 dos and don’ts when conducting pre-employment medical checks. Do only test for things that directly relate to the requirements of the job. Don’t test for general …

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Can personal leave be used for medical appointments

WebThe inevitabilities of ordinary life anticipate that employees will, from time to time, request leave from their employer to attend medical appointments or undergo medical …

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When can you suspend a worker without pay

WebThe short answer is – you can’t without a very carefully drafted contractual provision permitting this. Without this provision, you are not entitled to suspend an …

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How to dismiss an employee for incapacity due to illness or injury

WebGenerally, the Fair Work Act prohibits you from dismissing an employee because of incapacity due to illness or injury. Read more in the Employment Law …

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4 steps to manage the risks of workplace hazards

WebTo meet your health and safety obligations in regards to hazards, you must carry out a risk management process that consists of four steps: Step 1: Identify hazards …

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Can you dismiss employees who can’t fulfil their duties

WebThe employer dismissed the employee (with payment in lieu of notice) for: failing to provide all of the information requested; and. not taking reasonable steps to …

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8 things support persons can and can’t do in disciplinary meetings

WebHere are 8 questions about support persons answered: 1. What can a support person do? The role of a support person is to provide the employee with emotional and …

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The rules on cashing out annual leave

Webthe employee must retain a minimum of at least 4 weeks accrued leave after cashing out, and; employees may not cash out more than two weeks’ accrued annual …

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When is an employee covered by an award or enterprise agreement

WebWhether a modern award or enterprise agreement covers an employee depends on: (a) whether the employer is covered by the instrument in respect of its …

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A hairy question: Should have beards in the workplace

WebWhile it might seem a trivial question to some, at least two recent cases have shown that some employees believe wearing a beard is worth taking their bosses to court. Such was …

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What is time off in lieu policy Australia

WebAn employer can only refuse this request on reasonable business grounds. An employment contract or enterprise bargaining agreement may also facilitate the …

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11 things a home office MUST have to comply with OHS …

WebIn other words, you will need to carry out a full health and safety check and risk assessment of any home office before you allow employees to work there. A good first …

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New workplace rights for union delegates

Web3 new protections. The new protections prohibit an employer from: unreasonably hindering, obstructing or preventing the exercise of the rights of a union …

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Taking long service leave Employment Law Australia

WebNo. Long service leave must be taken as either a continuous period or in smaller blocks, usually by agreement between you and the employee. For example, the …

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