Are you employing on a Commission Only Basis? Think about whether you are breaching the Fair Work Act
Are you employing on a Commission Only Basis? Think about whether you are breaching the Fair Work Act 1024 682 MJT Law - Brisbane Employment Lawyers

Are you employing on a commission only basis? Or do you have a commission only position.  It could be that you are breaching the Fair Work Act.  The only positions that exist for commission only that I know of is under the Real Estate Industry Award 2010 MA 000106.  This…

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Unfair Dismissal – how to calculate damages
Unfair Dismissal – how to calculate damages 1024 682 MJT Law - Brisbane Employment Lawyers

When filling in the Form F2 Unfair Dismissal Application you will be asked a simple but important question “what outcome are you seeking by lodging this application?”. This is complicated because almost always an ex-employee will be seeking damages but the problem is how much? Under section 392 of the…

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Casual Employees – can be protected by unfair dismissal legislation
Casual Employees – can be protected by unfair dismissal legislation 1024 683 MJT Law - Brisbane Employment Lawyers

It is common for employers to believe that because the employee is a casual worker they are not protected under the unfair dismissal provisions of the Fair Work Act 2009. Before being able to make a valid unfair dismissal application, the dismissed casual worker must, among other things: make the…

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Can my employer make me take Long Service Leave
Can my employer make me take Long Service Leave 1024 768 MJT Law - Brisbane Employment Lawyers

This is another question that I get asked when talking about long service leave (“LSL”).  First it is important to go to your work contract, then to your Award or Enterprise Agreement.  Once you have established that there are not provisions for how LSL is to be taken it is…

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Bullying in the workplace – how defriending a colleague on Facebook can attract sanctions
Bullying in the workplace – how defriending a colleague on Facebook can attract sanctions 1024 768 MJT Law - Brisbane Employment Lawyers

A recent application to the Fair Work Commission brought up the issue of how people can use on-line media to perpetuate a bullying regime that can attract sanctions.  The definition of what constitutes bullying includes a requirement that it occurs more than once.  For most businesses or companies this can…

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