What counts as a break in continuous service Australia?
Breaks to continuous employment Continuous employment will be broken where: an employee resigns from employment – and is subsequently re-employed after 12 weeks have elapsed. an employee is dismissed by their employer and is subsequently re-employed after 12 weeks have elapsed.
What will break a period of continuous service?
Resignation or dismissal of an employee will break the period of continuous service. For example, an employee resigned and then re-joined the company a year later. Here, the employee has broken the period of continuous service.
Is notice period included in length of service?
Where an employee is dismissed with a payment in lieu of notice, to calculate their length of service for the purposes of statutory redundancy pay, the employer should add on the minimum statutory notice period to the employee’s service as at the date on which the employment ends.
Can my boss fire me without warning?
Most employees are considered at will employees and in this case the employer can terminate you without any warning as long as it is not illegal. Your employer does not need a good cause to fire you. The employers can also fire without any reason for an at-will employment.
What is the salary cap for unfair dismissal?
From 1 July 2020, the high income threshold was $153,600 per annum and from 1 July 2021 it is $158,500. Therefore, the compensation cap is: $76,800 for a dismissal that occurred on or after 1 July 2020 and before 1 July 2021, and.
What does the Fair Work Act 2009 govern?
The Fair Work Act 2009 (FW Act) provides protections of certain rights, including: workplace rights. the right to engage in industrial activities. the right to be free from unlawful discrimination.
What qualifies as continuous employment?
Continuous employment usually means working for the same employer without a break, or with short breaks that don’t interrupt continuity of employment. These may include time out of service due to strikes, lock-outs and even unfair dismissal where the employee is reinstated or re-engaged into the service.
What is section 394 of the Fair Work Act 2009?
FAIR WORK ACT 2009 – SECT 394. (1) A person who has been dismissed may apply to the FWC for an order under Division 4 granting a remedy. Note 1: Division 4 sets out when the FWC may order a remedy for unfair dismissal. Note 2: For application fees, see section 395.
Does the Fair Work Commission stand in the shoes of employers?
The Fair Work Commission does not ‘stand in the shoes’ of the employer but will need to be satisfied that the termination of the employee was for a valid reason. [6]
When is an employee entitled to substantive and procedural fairness?
An employee is entitled to both substantive and procedural fairness in respect of a dismissal. Substantive fairness will be satisfied if the grounds upon which dismissal occurs are fair grounds.
When is a dismissal procedurally fair?
Broadly speaking a dismissal will be procedurally fair if the manner or process of dismissal and the investigation leading up to the decision to dismiss is just.