Termination of employment legislation digest
|
|
- Darcy Wiggins
- 7 years ago
- Views:
Transcription
1 Please note that this country profile was last updated in 2006 and therefore might not reflect the current state of the law on termination of employment. For updated information, you are invited to consult the EPLex database. Termination of employment legislation digest Country profile Australia Updated in July 2006 by Dr Joellen Riley, Law Faculty, University of Sydney, Australia Sources of regulation Scope of legislation Contracts of employment Termination of employment Dismissal Unlawful dismissal protection Notice and prior procedural safeguards Severance pay Avenues for redress Further Information Sources of regulation The Workplace Relations Act 1996 (Cth) (WRA) and Workplace Relations Regulations 2006 (WRR) regulate the rights and responsibilities of most private sector Australian employers in respect of the termination of employment of employees. From 27 March 2006, the Workplace Relations Amendment (Work Choices) Act 2005 (Cth) (Work Choices) substantially amended the WRA, so that the federal legislation covered the field and excluded the operation of State legislation in this area for all incorporated private sector employers. Each of the Australian States, with the exception of Victoria, maintains industrial legislation which contains protections against unfair dismissal for employees (so long as the employees do not fall into certain exempted classes). The State regimes continue to apply to State public sector employees, and also apply to employers who are not covered by the federal law, i.e., employers who are not trading or financial corporations, employers operating businesses in international trade or commerce, or employers in the Territories or Victoria. Employees who are not entitled to bring a claim under the WRA may bring a wrongful dismissal claim under the common law, and some cases have also been brought under the Trade Practices Act 1974 (Cth) s 52, for breach of a general obligation upon corporations not to engage in conduct which is misleading and deceptive. High income earners who are excluded from the statutory schemes have also been able to seek remedies for termination of employment under this general commercial statute, prohibiting misleading and deceptive conduct in commercial dealings 1. The availability of a remedy will depend on the employee s ability to establish that the employer made representations of secure, long term employment. 1 See for example O Neill v Medical Benefits Fund of Australia [2002] FCAFC 188 (17 June 2002) and Magro v Freemantle Football Club Limited [2005] WASC 163 (27 July 2005). 1
2 Employees whose employment has been terminated for reasons which would breach any of a range of anti-discrimination statutes may also bring a claim under special legislation. Those statutes include the Sex Discrimination Act 1984 (Cth), the Racial Discrimination Act 1975 (Cth), the Disability Discrimination Act 1992 (Cth) and the Age Discrimination Act 2004 (Cth). Scope of legislation The WRA provides two types of protection, protection from unlawful dismissal, and protection from dismissal which is harsh, unjust or unreasonable. The unlawful dismissal protections were held in Victoria v Commonwealth (1996) 187 CLR 416 to be a valid exercise of federal legislative power under the external affairs power in the Australian Constitution, s 51(xxix), because these provisions seek to give effect to Australia s obligations under the ILO Termination of Employment Convention, 1982 (No. 158), ratified by Australia in 1993, and the ILO Termination of Employment Recommendation, 1982 (No. 166). Unlawful dismissal protection is available to all Australian employees. Employees may not be dismissed for reasons of discrimination, absence from work for reasons of temporary illness or injury, freedom of association, whistle-blowing. The list of discriminatory grounds in s 659(2)(f) comprises race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. An employer may defend a discriminatory dismissal, however, on the basis of an inherent requirement of the job concerned. Victoria v Commonwealth also held that provisions protecting employees from dismissal which is harsh, unjust or unreasonable (described as unfair dismissal ) were not appropriate and adapted to give effect to these international law obligations at least in the form in which the laws were framed at the time. Those provisions have since been redrafted, and are now supported by the Commonwealth s power to regulate corporations under s 51(xx). This means that federal protection against unfair dismissal is available only to employees of incorporated employers, and also to Commonwealth public sector employees, employees in the Commonwealth Territories and Victorian employees. (Victoria, alone of the six Australian States, referred its powers to make laws with respect to industrial matters to the Commonwealth in 1997.) A number of classes of employees are excluded from unfair dismissal protection. WRA section 638 excludes: Employees engaged for a specified period of time or a specified task; Employees serving a period of probation of up to three months (or longer, so long as the longer period is reasonable given the nature and circumstances of the employment. Casual employees who have not been working on a regular and systematic basis for at least 12 months. Trainees Employees who are not employed on award-derived conditions, and have an income above a threshold set by WR Regulation 12.3 (as at 27 March 2006, the threshold was $94,900). 2
3 Seasonal employees. The Work Choices legislation also restricted access to unfair dismissal protection to employees of employing enterprises with more than 100 employees: s 643(10). So that large corporate employers are not able to circumvent obligations under these laws by dividing their workforces among a number of related subsidiary companies, the legislation provides that the employees of related corporate entities (as defined by the Corporations Act 2001 (Cth) s 50) are included for the purpose of calculating the employer s workforce size: s 643(11). Work Choices also introduced a qualifying period of six months for all employees, and introduced an exception for any dismissal for operational reasons, defined as any reason of an economic, technological, structural or similar nature relating to all or a part of the employer s undertaking, establishment, service or business: s 643(8) and (9). Contracts of employment The WRA applies only to workers who are engaged as employees for an indeterminate period of time. Australian law continues to distinguish between workers who are employed under a contract of service, and other workers who perform services under so-called independent contracts. Common law tests continue to apply to determine this difficult and porous boundary 2.[2] Selfemployed workers may have rights to seek remedies for the precipitate termination of a work contract under unfair contracts review legislation. Some Australian States (notably NSW and Queensland) have legislated to allow for the review of contracts under which work is performed. Remedies under these statutes have been flexible, and include variation of contracts and compensation. Employees, who are engaged for a fixed term, or to complete a specified task, are excluded from the unfair dismissal provisions in the WRA. Australian law recognises the concept of a casual employment contract one where an employee is paid only for hours worked and receives a salary loading to compensate for the absence of entitlements to paid leave. Only those casual employees who have been engaged on a regular and systematic basis for at least 12 months, and have a reasonable expectation of continuing employment, are eligible under the WRA termination provisions. Termination of employment Employment can be terminated without being considered a dismissal : By mutual agreement of the parties 2 See generally Andrew Stewart, Redefining Employment? Meeting the Challenge of Contract and Agency Labour (2002) 15 Australian Journal of Labour Law
4 By the death of one of the parties By the employee s resignation by giving any agreed notice (Rarely) because the employment contract has been frustrated by a supervening event beyond either parties control By the effluxion of time, where the contract was for a fixed term. Dismissal Under both the common law and statute, an employer may dismiss an employee summarily because of the employee s misconduct or incompetence. The common law allows dismissal by the employer giving the employee a period of notice. Where the employment contract does not expressly stipulate a notice period, the employer must give reasonable notice, taking into account a range of factors such as the employee s age, experience, qualifications, seniority, length of service and future employment prospects. A long serving, highly skilled, senior employee may expect a period of about 12 months 3. Employers may not, however, dismiss employees even with reasonable notice if the dismissal is for a reason which includes one of the reasons prohibited by the unlawful dismissal provisions in s 659 of the WRA. Unlawful dismissal protection Section 659 of the WRA protects employees from dismissal for any of the following prohibited reasons: Temporary absence from work because of illness or injury. Regulations provide that temporary means up to three months, and entitlements to take advantage of this protection depend on compliance with certain formalities regarding documentary medical evidence. Participation or non-participation in a trade union or its legitimate activities. (Employees also enjoy rights of freedom of association under Part 16 of the WRA.) Filing a complaint, or participating in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities. Race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. Refusing to negotiate in connection with, make, sign, extend, vary or terminate an Australian Workplace Agreement (which is an individual statutory contract between the employer and 3 See for example Quinn v Jack Chia (Aust) Ltd [1992] 2 VR
5 an individual employee allowing the employer to override the terms of any otherwise applicable industrial award or collective enterprise agreement). Absence from work during maternity leave or other parental leave. Temporary absence from work because of the carrying out of a voluntary emergency management activity, where the absence is reasonable having regard to all the circumstances. If an employee alleges one of these reasons for dismissal, the employer bears the onus of proving that the dismissal was not unlawful: s 664. If the employee is eligible to claim the protection of the unfair dismissal provisions in the WRA or a state industrial statute, the employee must not be dismissed in circumstances which were harsh, unjust or unreasonable. If an employer intends to terminate the employment of 15 or more employees for operational reasons, the employer has an obligation under WRA s 660 to notify Commonwealth Employment Services (now provided by a number of private service providers), of the numbers and reasons for these terminations. Termination of the employees prior to giving this notice is unlawful. The remedies available for breach of s 660 are fines of up to $1,000, and orders that the terminations cannot take effect until compliance: s 665(6). Notice and prior procedural safeguards It is also unlawful for an employer to dismiss an employee without providing at least the minimum notice period stipulated in WRA s 661. (The Regulations provide that employers may nevertheless dismiss summarily for sufficiently serious breaches of the employment contract.) The notice periods are: Employee s period of continuous service with the employer Period of notice Not more than 1 year At least 1 week More than 1 year but not more than 3 years At least 2 weeks More than 3 years but not more than 5 years At least 3 weeks More than 5 years At least 4 weeks 5
6 Employees who are over 45 years of age, and have served continuously for at least two years with the employer are entitled to an additional week s notice. If the employee is eligible to bring an unfair dismissal complaint, the employee also enjoys some entitlement to fair procedures for dismissal, including being given a valid reason for the dismissal, and an opportunity to respond: see WRA s 652. Severance pay Employees will only have entitlement to an additional payment in respect of a dismissal for reasons of redundancy if this entitlement is provided in an industrial award, a collective or individual workplace agreement, or in a common law contract. The Australian Fair Pay and Conditions Standard in the WRA, which since 27 March 2006 has provided a set of basic minimum conditions for all employees covered by the federal system, makes no provision for redundancy pay. Small business employers with fewer than 15 employees are not obliged to pay redundancy payment even if they are otherwise bound to do so by an industrial award. Avenues for redress An employee bringing a complaint for unlawful dismissal under the WRA must apply to the Australian Industrial Relations Commission (AIRC) within 21 days after the day on which the termination took effect: s 643(14). The AIRC will seek to conciliate the matter, and if conciliation is unsuccessful, will provide the employee with a certificate enabling the employee to bring proceedings in the Federal Court or Federal Magistrate s Court to have the matter determined. The employee must commence proceedings within 28 days of receiving the certificate. The Court is empowered under s 665 to order reinstatement of the employee (together with compensation for the period of lost income), or, where reinstatement is impractical, to order compensation of up to six months salary. The court may also order that the employer pay a fine of up to $10,000. An employee bringing a complaint for unfair dismissal under the WRA must apply to the AIRC within 21 days of the termination taking effect. The AIRC must first attempt to conciliate the matter, and if conciliation fails, will issue a certificate entitling the employee to continue to arbitration. The employee has seven days to decide whether to pursue the matter. If the matter goes forward, the AIRC will arbitrate, and has a range of orders available under s 654, including reinstatement or compensation of up to six months salary. The AIRC must discount awards to take account of any misconduct of the employee which contributed to the termination: s 654(10). The AIRC is expressly forbidden from making any award in respect of shock, distress or humiliation caused by egregious conduct of the employer: s 654(9). 6
7 The statutory schemes do not preclude employees from bringing an action for breach of an employment contract in the general courts (although court processes are generally so expensive and time consuming, that only highly paid employees, or those who have been able to secure the financial support of a trade union or pro-bono advocate, tend to bring claims.) An employee who can provide evidence that termination of employment was in breach of contract will be able to bring a claim for damages. Damages are calculated on the basis of the income the employee has lost by early termination. Since most employment contracts are able to be terminated without reasons by giving notice, damages awards are generally limited. However, if an employment contract stipulates that the employer may not terminate the employment except on certain grounds, then a capricious or arbitrary dismissal may sound in a longer period of damages. Recent case law has held that employers human resources policy manuals are able to create contractually binding obligations on employers not to dismiss employees capriciously, without reasons and fair procedures 4. Further information ILO Natlex Australia 4 See for example Dare v Hurley [2005] FMCA 844 (12 August 2005); Nikolich v Goldman Sachs J B Were Services Pty Ltd [2006] FCA 784 (23 June 2006). 7
Termination of Employment: Including Unfair Dismissal
Termination of Employment: Including Unfair Dismissal There are many different ways that your employment may end, and each way has different legal requirements and implications. Dismissal If you are a
More informationUnfair Dismissal Overview Definitions What is a dismissal? Constructive Dismissal not What is unfair dismissal? unfairly dismissed
Unfair Dismissal Overview This module contains information on the new unfair dismissal laws and covers off the following matters: Definitions surrounding unfair dismissal The Small Business Fair Dismissal
More informationPractical guide... termination of employment
The decision to dismiss an employee is an area of the employment relationship that requires an understanding of a wide range of legislative and other obligations of an employer. The decision is also a
More informationEmployment law solicitors
Employment law solicitors At Millbank solicitors we are dedicated to providing prompt and practical employment advice to both employers and employees. Our expert lawyers appreciate and understand the ever
More informationTermination of employment legislation digest
Please note that this country profile might not reflect the current state of the law on termination of employment. For updated information, you are invited to consult the EPLex database. Termination of
More informationAND REDUNDANCY. Summary of the law on
Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly for redundancy. This booklet provides a basic outline
More informationTermination of employment legislation digest
Please note that this country profile might not reflect the current state of the law on termination of employment. For updated information, you are invited to consult the EPLex database. Termination of
More informationA summary of the law on: Unfair Dismissal and Redundancy
A summary of the law on: Unfair Dismissal and Redundancy Employees are protected under the Employment Rights (Northern Ireland) Order 1996 from being unfairly dismissed or chosen unfairly for redundancy.
More informationSummary of the law on UNFAIR DISMISSAL AND REDUNDANCY
Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly for redundancy. All employees can bring a claim of
More informationTermination of employment legislation digest
Please note that this country profile might not reflect the current state of the law on termination of employment. For updated information, you are invited to consult the EPLex database. Termination of
More informationFrom Hiring to Firing
From Hiring to Firing A Basic Guide to the Australian Employment Law Life Cycle HIRING For many employers, the key to having a productive and high-performing workforce is recruiting the right people. It
More informationManaging Termination of Employment Guide
T E M P L A T E Managing Termination of Employment Guide About this Guide This guide has been designed by Business Solutions Contact (BSC) service provider, Stratecom Pty Ltd. Stratecom specialises in
More informationCOMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES
COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES DIRECTORS ADVISORY SERVICE FACTSHEET These Guidance Notes provide an outline of the relevant provisions, but they are not
More informationGuide to Termination of Employment & Unfair Dismissal Rights of Employees under the Fair Work Act 2009
Guide to Termination of Employment & Unfair Dismissal Rights of Employees under the Fair Work Act 2009 Simon Howard Illawarra Legal Centre Inc 7 Greene Street Warrawong NSW 2502 PO Box 139 Warrawong NSW
More information44. FAIR PAY AND CONDITIONS STANDARD
Australian Master Human Resources Guide 45. NATIONAL EMPLOYMENT STANDARDS (NES) Janet Wood Workplace Relations Writer and Consultant [ 45-010] Introduction Under the Fair Work Act 2009 (FW Act), the National
More informationEmployment Law Glossary of key terms and abbreviations
Employment Law Glossary of key terms and abbreviations ACAS ACAS stands for the Advisory, Conciliation and Arbitration Service a UK government funded independent body offering conciliation services to
More informationYour Rights at Work in Australia Prepared by Labor Council of NSW For more information call our hotline1800 688 919
Your Rights at Work in Australia Prepared by Labor Council of NSW www.labor.net.au For more information call our hotline1800 688 919 HOW PAY AND CONDITIONS ARE SET IN AUSTRALIA ACTS OF PARLIAMENT Legislation
More information(g) the Employment Equality (Sexual Orientation) Regulations 2003,
Linked Law Solicitors Equality and Diversity Policy (based on the Law Society s model policy issued under Rules 3 and 4 of the Solicitors Anti- Discrimination Rules 2004 and amended in the light of the
More informationHAVE YOU LOST YOUR JOB? A legal guide to dismissal from work, managing on less money and getting back into the workforce
HAVE YOU LOST YOUR JOB? A legal guide to dismissal from work, managing on less money and getting back into the workforce ACKNOWLEDGEMENTS Many thanks to Bridget Burton of Caxton Legal Centre for her work
More informationUnfair Dismissals. Termination of Employment Series. Unfair Dismissals
Unfair Dismissals Termination of Employment Series Unfair Dismissals The best protection from unfair treatment in the workplace is to become a union member as unionised employments tend to have better,
More informationIntroduction... 1. Part one Legislative and industrial framework... 2. 1.1 Public Service Act and subordinate legislation... 2
i Contents Introduction... 1 Part one Legislative and industrial framework... 2 1.1 Public Service Act and subordinate legislation... 2 1.1.1 Ongoing APS employees... 3 1.1.2 Non-ongoing APS employees...
More informationEmployment Law in Bermuda
Employment Law in Bermuda Foreword This memorandum has been prepared for the assistance of those who are considering issues pertaining to employment law in Bermuda. It deals in broad terms with the requirements
More informationA quick guide to Australian discrimination laws
A quick guide to Australian discrimination laws Over the past 30 years the Commonwealth Government and the state and territory governments have introduced laws to help protect people from discrimination
More informationEXECUTIVE EMPLOYMENT CONTRACTS COMPLIANCE AND RISK ISSUES
EXECUTIVE EMPLOYMENT CONTRACTS COMPLIANCE AND RISK ISSUES GUIDANCE FOR BOARDS AND SENIOR EXECUTIVES IN AUSTRALIA www.claytonutz.com CONTENTS Part 1: Introduction...3 Part 2: Engagement and recruitment
More informationRestructure, Redeployment and Redundancy
Restructure, Redeployment and Redundancy Purpose and Scope From time to time the Lake District National Park Authority will need to reorganise its services and staffing to meet changes that arise in future
More informationEmployment and small business
Employment and small business This chapter is for people who work for, or own, a small business that has been affected by the February 2009 Victorian bushfires. It explains employees rights and options
More informationAdvantage Partnership Lawyers
EMPLOYMENT GUIDELINES As an employer it is important to maintain an awareness of your employee s rights. Failing to do so could give rise to a claim against you and your business and could result in you
More informationEqual Opportunity, Discrimination and Harassment
Equal Opportunity, Discrimination and Harassment Last updated: 22 November 2011 EQUAL OPPORTUNITY, DISCRIMINATION AND HARASSMENT TABLE OF CONTENTS CONTENTS PAGE OVERVIEW... 2 EQUAL OPPORTUNITY LEGISLATION...
More informationGUIDE TO EMPLOYMENT LAW IN GUERNSEY
GUIDE TO EMPLOYMENT LAW IN GUERNSEY CONTENTS PREFACE 1 1. Written Statement of Terms and Conditions 2 2. Written Statement of Pay and Deductions 3 3. Written Statement of Reasons for a Dismissal 3 4. Minimum
More informationEmployment Law Guide
Employment Law Guide Settlement Agreements (Formally known as Compromise Agreements) See the separate guide. Unfair Dismissal Length of employment Employees can only bring a claim for ordinary unfair dismissal
More informationEU Employment Law Euro Info Centre December 2006
EU Employment Law Euro Info Centre December 2006 CONTENTS EU Employment Law 2 1. Anti-discrimination 2 2 2 2. Equal treatment of men and women in the workplace 3 3 3 3. Fixed and part time work including
More informationTerminating Employment in South Australia - 2 nd Edition Booklet
Terminating Employment in South Australia - 2 nd Edition Booklet The following is an extract to highlight the style and layout of this publication, as well as a snapshot of the content. Some samples may
More informationUnderstanding disclosure of pre-existing conditions. 5 June 2014
Understanding disclosure of pre-existing conditions 5 June 2014 How to interact today Select audio on the control panel to change between computer audio and telephone. Click on the red button to hide and
More informationThe Little Book of UK Employment Law for US Employers. Handling dismissals in the UK
The Little Book of UK Employment Law for US Employers Handling dismissals in the UK Two countries separated by a common language. (George Bernard Shaw) Welcome 2 Employment contracts: anti at will! 4 But
More informationW4MP Guide: Employment Rights
W4MP Guide: Employment Rights This guide aims to provide a basic outline of the main employment rights issues that are relevant to staff who are responsible for recruiting new staff, employees of MPs who
More informationGUIDE TO EMPLOYMENT LAW IN GUERNSEY
GUIDE TO EMPLOYMENT LAW IN GUERNSEY CONTENTS PREFACE 1 1. Written Statement of Terms and Conditions 2 2. Written Statement of Pay and Deductions 3 3. Written Statement of Reasons for a Dismissal 3 4. Minimum
More informationExecutive Employment Contracts Compliance and Risk Issues. Guidance for Boards and Senior Executives in Australia
Executive Employment Contracts Compliance and Risk Issues Guidance for Boards and Senior Executives in Australia This Booklet reflects the law as at October 2012. This Booklet is intended to provide general
More informationThe Little Book of Employment Law
The Little Book of Employment Law General principles 2 I can't be sacked for being flamboyant Discrimination damages people 6 Whistleblowing 8 Recruitment 12 Employment terms 14 Family friendly rights
More informationPOLICY: DIVERSITY/ EQUAL EMPLOYMENT OPPORTUNITY (EEO) September 2008 Version: V3-09-2008. Contents. Introduction. Scope. Purpose.
POLICY: DIVERSITY/ EQUAL EMPLOYMENT OPPORTUNITY (EEO) September 2008 Version: V3-09-2008 Contents Introduction Scope Purpose Policy Equal Employment Opportunity Where does EEO apply? Recruitment and Selection
More informationunfair dismissals march 2009 s
unfair dismissals march 2009 1 Introduction The Unfair Dismissals Acts 1977-2007 set up a system of complaint by which the fairness of an employer s decision to dismiss an employee may be contested by
More informationAttorney-General s Department. Discussion paper The Consolidation of Commonwealth Anti-Discrimination Laws
Attorney-General s Department Discussion paper The Consolidation of Commonwealth Anti-Discrimination Laws Submission of the Physical Disability Council of NSW January 2012 Physical Disability Council of
More informationEmployment Rights and Responsibilities
Employment Rights and Responsibilities As you work through this section, you will need to be clear about your own understanding of your occupation, the industry in which you work and the sector in which
More informationDOING BUSINESS IN AUSTRALIA EMPLOYMENT LAW
DOING BUSINESS IN AUSTRALIA EMPLOYMENT LAW OCTOBER 2013 klgates.com CONTENTS EMPLOYMENT LAW IN AUSTRALIA 4 Overview 4 Principal Legislation 4 Types of Employment 4 REGULATING THE EMPLOYMENT RELATIONSHIP
More informationYOUR RIGHTS AT WORK. Union recognition
The Law and You 65 YOUR RIGHTS AT WORK CAN I JOIN A UNION? Yes. The Constitution protects your rights to join a trade union of your choice. If any one tries to stop you exercising this right you can take
More informationNORWAY Prepared by Hans Rugset Braekhus Dege Advokatfirma ANS
NORWAY Prepared by Hans Rugset Braekhus Dege Advokatfirma ANS 1. Are there any laws that govern a layoff of employees? If so, what do the laws require? In Norway, we have the Employment Act from 2005 which
More informationChapter 9. Labour Relations and Social Security. 62 PwC
Chapter 9 Labour Relations and Social Security 62 PwC Labour relations Availability of labour Malta s labour force is about 164,347, the majority of which are male. Malta s long-standing educational system
More information9. A simple, fair dismissal system for small business
9. A simple, fair dismissal system for small business A new, fair dismissal system has been introduced as part of the new workplace relations system. New dismissal laws took effect on 1 July 2009. Under
More informationCode of practice for employers Avoiding unlawful discrimination while preventing illegal working
Code of practice for employers Avoiding unlawful discrimination while preventing illegal working [xx] April 2014 Presented to Parliament pursuant to section 23(1) of the Immigration, Asylum and Nationality
More informationNew Zealand German Business Association Inc (AHK Neuseeland) Level 14, PwC Tower, 188 Quay Street, Auckland 1010 PO Box 95, Auckland 1140, New
EMPLOYMENT LAW A comparison of labour regulations in New Zealand, Australia & Germany. New Zealand German Business Association Inc (AHK Neuseeland) Level 14, PwC Tower, 188 Quay Street, Auckland 1010 PO
More informationThere have been many changes to employment law and regulations over the years. A key area is the freedom or lack of freedom to dismiss an employee.
Dismissal Procedures There have been many changes to employment law and regulations over the years. A key area is the freedom or lack of freedom to dismiss an employee. An employee s employment can be
More informationLiverpool Hope University. Equality and Diversity Policy. Date approved: 14.04.2011 Revised (statutory. 18.02.2012 changes)
Liverpool Hope University Equality and Diversity Policy Approved by: University Council Date approved: 14.04.2011 Revised (statutory 18.02.2012 changes) Consistent with its Mission, Liverpool Hope strives
More informationManagement liability - Employment practices liability Policy wording
Special definitions for this section Benefits Claim Defence costs The General terms and conditions and the following terms and conditions all apply to this section. Any compensation awarded to an employee
More informationSexual harassment Case law update
Sexual harassment Case law update Focus of the paper 1. (Sexual Harassment) Discriminatory Dismissals 2. Employer liability 3. Some provisions of the Sexual Offences Act 207 Section 186(1)(e) of the LRA
More informationAGE DISCRIMINATION. Summary of the law on
Summary of the law on AGE DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the age discrimination provisions of the Equality Act 2010. These apply in
More informationEmployment Law e-alert December 2012
Employment Law e-alert December 2012 Welcome Welcome to December s e-alert. Following on from last month s e-alert on the topic of constructive dismissal, this month s Q&A takes a look at the area of unfair
More informationPOLAND. Lukasz Kuczkowski 1 OVERVIEW
POLAND Lukasz Kuczkowski 1 OVERVIEW Redundancy schemes in Poland are subject to various labour law regulations, such as the Labour Code Act dated 26 June 1974 (the Labour Code), and the Special Terms of
More informationEmployee Rights. Everything you need to know
Employee Rights Everything you need to know If you have a complaint about any element of your work, then you must obtain urgent legal advice. The best way to obtain advice is to contact us immediately.
More informationRACE DISCRIMINATION. Summary of the law on
Summary of the law on RACE DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the race discrimination provisions of the Equality Act 2010. These apply
More informationNote on Convention No. 158 and Recommendation No. 166 concerning termination of employment
Note on Convention No. 158 and Recommendation No. 166 concerning termination of employment Preface The first instrument specifically dealing with termination of employment was adopted by the International
More informationTOP 10 EMPLOYMENT CLAIMS. We have set out below the Top 10 most common employment claims brought in the Employment Tribunals.
TOP 10 EMPLOYMENT CLAIMS We have set out below the Top 10 most common employment claims brought in the Employment Tribunals. 1. Unfair Dismissal Claims All employees with two years or more service are
More informationEMPLOYEE OR CONTRACTOR?
EMPLOYEE OR CONTRACTOR? Deciding between an employee or contractor Contracting has emerged as an alternative to the traditional employment relationship. A contractor can be engaged directly as a natural
More informationTHE PRICE OF PREJUDICE: LABOUR MARKET DISCRIMINATION ON THE GROUNDS OF GENDER AND ETHNICITY LEGAL AND INSTITUTIONAL FRAMEWORK IN FORCE IN 2007
THE PRICE OF PREJUDICE: LABOUR MARKET DISCRIMINATION ON THE GROUNDS OF GENDER AND ETHNICITY LEGAL AND INSTITUTIONAL FRAMEWORK IN FORCE IN 2007 This document presents, for 23 OECD countries, a detailed
More informationDiscrimination law: constraints on criminal record checks in recruitment
Discrimination law: constraints on criminal record checks in recruitment Professor Marilyn Pittard MONASH UNIVERSITY 1 Many employers undertake criminal record checks because they are required to under
More informationUnfair Dismissals. Questions & Answers
Unfair Dismissals Questions & Answers What is unfair dismissal? Unfair dismissal is where an employee claims that his or her employer s decision to terminate their employment was unfair. Unfair reasons
More informationRETRENCHMENT: GUIDANCE FOR FLA-AFFILIATED COMPANIES
RETRENCHMENT: GUIDANCE FOR FLA-AFFILIATED COMPANIES February 2006 INTRODUCTION In a free market economy, companies that procure goods domestically or internationally often shift sources of supply from
More informationGUIDE TO EMPLOYMENT IN THE LEGAL PROFESSION. May 2006
GUIDE TO EMPLOYMENT IN THE LEGAL PROFESSION May 2006 1 2 GUIDE TO EMPLOYMENT IN THE LEGAL PROFESSION The council of the Law Society, with the assistance of its Workplace Committee and its Young Lawyers
More informationFIXED-TERM AND TEMPORARY CONTRACTS
FIXED-TERM AND TEMPORARY CONTRACTS This document sets out some basic information for NUT members about fixedterm and temporary contracts, including about their conditions of service and employment rights
More informationDISCIPLINARY PROCEDURE
DISCIPLINARY PROCEDURE Author: Julie Newnham Revised : August 2013 Review Date: August 2014 Students First DISCIPLINARY PROCEDURES 1 Scope and purpose 1.1 This procedure applies to all employees other
More informationSEXUAL ORIENTATION. Summary of the law on
Summary of the law on SEXUAL ORIENTATION DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the sexual orientation discrimination provisions of the Equality
More informationThe Netherlands: Gender discrimination in the field of employment
The Netherlands: Gender discrimination in the field of employment This document outlines legislation in Belgium that prohibits discrimination on the basis of race and national origin in the provision of
More informationManagement of Excess Teaching Service
Management of Excess Teaching Service Last updated 6 August 2015 MANAGEMENT OF EXCESS TEACHING SERVICE CONTENTS PAGE OVERVIEW... 2 CONSULTATION... 3 IDENTIFICATION... 5 REDEPLOYMENT/CAREER TRANSITION SUPPORT...
More informationJOSEPH SWAN ACADEMY REDUNDANCY POLICY. Date approved by Governors March 2014. Date of next review Signed by name (..) Signed:...
JOSEPH SWAN ACADEMY REDUNDANCY POLICY Author Head Teacher Date approved by Governors March 2014 Reviewed every 3 years Date of next review Signed by name (..) Signed:... Introduction The Academy is committed
More informationEmployment Contracts are they worth the paper they re written on?
Our values Employment Contracts are they worth the paper they re written on? Shane Entriken, Special Counsel, Practice Leader, Perth Catherine Smith, Solicitor Claire Tuffield, Solicitor The contractual
More informationTEACHERS JOB SHARE SCHEME
I.N.T.O. Serving Education 14 TEACHERS JOB SHARE SCHEME 1. INTRODUCTION This scheme has been agreed between the Management and Teachers' Side of the Northern Ireland Teachers' Negotiating committee and
More informationApoteket s Code of Conduct for Sustainable Business Final version, October 2015
1 (6) Apoteket s Code of Conduct for Sustainable Business Final version, October 2015 1 INTRODUCTION 1.1 General Respect for people and the environment is vital to Apoteket's business. We work towards
More informationThe learner can: 1.1 Define employees, workers and the self-employed.
Unit 6 Title: Employment Law Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand that individuals can have different legal employment status within a business Assessment criteria
More informationEmployment Law Made Easy by Melanie Slocombe, Consultant Solicitor at Henmans LLP
This is an excerpt from Lawpack s book Employment Law Made Easy. To find out more about the employment law regulations and how they should be applied in the workplace, click here. Employment Law Made Easy
More informationCOMMERCIAL LEGAL PROTECTION POLICY
COMMERCIAL LEGAL PROTECTION POLICY This is a claims made insurance policy in respect of which only claims notified to The Company during the Period of Insurance shall be covered. Definitions: 1. The Company
More information3.2 GTCC is committed to promoting EEO for women, members of racial minorities and people with disability.
Policy Anti-Discrimination and Equal Employment Opportunity 1 Background Greater Taree City Council s (GTCC) general obligations in regard to anti-discrimination and equal employment opportunity (EEO)
More informationEMPLOYMENT-RELATED PRACTICES LIABILITY ENDORSEMENT
POLICY NUMBER: CL CG 04 57 07 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT-RELATED PRACTICES LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the
More informationTHE EQUALITY ACT 2010
THE EQUALITY ACT 2010 October 1st 2010 saw many of the provisions attained within the Equality Act, which gained Royal Assent on the 8th April 2010, come into force. The following summary has been put
More informationLEA VE', is. STOP DtSCRIMINATLON GANISTHW.AS EMPt.0' 5. No SALARY ' WORIt No GROWT1 01, 8. I Mq 0. Nt Hd4 YEru
- No SALARY ' WORIt No GROWT1 LEA VE', is 01, 8 0 STOP DtSCRIMINATLON GANISTHW.AS EMPt.0' 5 I Mq 0 Nt Hd4 YEru KENYA HUMAN RIGHTS COMMISSION P.O. Box 41079-00100, Nairobi-GPO, Kerya KHRC 2010 Introduction.
More informationA new shape of lawyer. Guide to redundancy law
A new shape of lawyer Guide to redundancy law The prospect of having to deal with redundancy situations can be daunting for both employers and employees. The law provides employees with a number of rights
More informationEmployment Laws in South Africa
Employment Laws in South Africa South African labour legislation: Influenced internationally through the ILO (International Labour Organisation), division of United Nations. South Africa is a member state
More informationRedundancy. A Guide. 4500 Lawyers 87 Firms 57 Countries TOP RANKED CHAMBERS GLOBAL 2013. Leading Law Firm Network
Redundancy A Guide TOP RANKED CHAMBERS GLOBAL 2013 Leading Law Firm Network 4500 Lawyers 87 Firms 57 Countries INTRODUCTION The decision to make employees redundant is never one that is taken lightly.
More informationSAMPLE EMPLOYMENT AGREEMENT FOR OPTOMETRIST OR PROFESSIONAL STAFF
SAMPLE EMPLOYMENT AGREEMENT FOR OPTOMETRIST OR PROFESSIONAL STAFF This information is provided for the general guidance of members. It is not intended as a substitute for specific legal, business or industrial
More informationCROWN EMPLOYEES (ROADS AND TRAFFIC AUTHORITY OF NEW SOUTH WALES - SALARIED STAFF SALARIES AND CONDITIONS OF EMPLOYMENT) AWARD 2008
CROWN EMPLOYEES (ROADS AND TRAFFIC AUTHORITY OF NEW SOUTH WALES - SALARIED STAFF SALARIES AND CONDITIONS OF EMPLOYMENT) AWARD 2008 INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES Applications by Public
More informationQuality Assurance and Safeguards Working Arrangements for the Launch of the NDIS in Victoria
Quality Assurance and Safeguards Working Arrangements for the Launch of the NDIS in Victoria As agreed between the Commonwealth of Australia and Victoria As at 6 May 2013 1 Contents 1. Background... 3
More informationCOMPARATIVE ANALYSIS OF EMPLOYMENT LAW IN NORTHERN IRELAND AND THE REPUBLIC OF IRELAND
MORGAN MCMANUS EMPLOYMENT LAW COMPARATIVE ANALYSIS OF EMPLOYMENT LAW IN NORTHERN IRELAND AND THE REPUBLIC OF IRELAND (Revised 28 th November 2011) Morgan McManus Solicitors provide legal services in both
More informationDISABILITY. Summary of the law on
Summary of the law on DISABILITY DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the age discrimination provisions of the Equality Act 2010. These apply
More informationBest Practice Guide Use of individual. flexibility arrangements. Working at best practice
Best Practice Guide Use of individual flexibility arrangements 01 Work & family 02 Consultation & cooperation in the workplace 03 Use of individual flexibility arrangements 04 A guide for young workers
More informationGermany. Introduction
Germany Germany Introduction The labor law of the Federal Republic of Germany covers all legal rules concerning the relationship between employers and employees and their respective organizations. Traditionally,
More informationEQUAL OPPORTUNITIES & DIVERSITY POLICY
1. General dh Recruitment Hereford & Worcester embraces diversity and will seek to promote the benefits of diversity in all of our business activities. We will seek to develop a business culture that reflects
More informationEmployment Law Update - Heptonstalls Solicitors October 2015 Issue 178. Shaun Pinchbeck LL.B shaun.pinchbeck@heptonstalls.co.uk Tel: 01405 765661
Welcome to the latest edition of our Employment Law update. If you have any questions arising from these articles or any other queries, please do not hesitate to contact Shaun Pinchbeck, Head of Employment
More information25 September 2015. Workplace Relations Framework Productivity Commission GPO Box 1428 Canberra City ACT 2601. By email: workplace.relations@pc.gov.
25 September 2015 Workplace Relations Framework Productivity Commission GPO Box 1428 Canberra City ACT 2601 By email: workplace.relations@pc.gov.au Dear Commissioner The Justice Connect Self Representation
More informationA Guide to Settlement Agreements
A Guide to Settlement Agreements Please contact us to discuss your Settlement Agreement in more detail. Whether you are an Employer or an Employee we shall be delighted to help with your Settlement Agreement.
More informationRedundancy & Redeployment Policy. Transformation & Human Resources
Redundancy & Redeployment Policy Transformation & Human Resources Issued by HR Policy Team Effective from REDUNDANCY AND REDEPLOYMENT POLICY 1 General Principles Purpose 1.1 The purpose of the policy is
More informationISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS June 2013 Legal Policy Division Department of the Attorney-General and Justice
More informationEQUAL OPPORTUNITIES AND DIVERSITY POLICY 1. GENERAL
EQUAL OPPORTUNITIES AND DIVERSITY POLICY 1. GENERAL 1.1 Juice Resource Solutions Limited embraces diversity and will seek to promote the benefits of diversity in all of our business activities. We will
More informationNHS Business Services Authority HR Policies Career Breaks
1. POLICY STATEMENT 1.1 The Authority recognises that during an employee s working life there will be times when personal commitments take priority over work. Subsequently the Career Break Policy has been
More information