Products and product related Flashcards Preview

NSWBC > Products and product related > Flashcards

Flashcards in Products and product related Deck (8)
Loading flashcards...
1
Q

Where can EPL Claims come from? (9)

A
  • discrimination (not only from employees but also an applicant for employment)
  • wrongful dismissal
  • workplace harassment
  • breach of contract
  • unfair demotion, failure to promote
  • wrongful refusal to employ a potential employee
  • defamation arising from employment related matters
  • misleading misrepresentation of terms and conditions of employment
  • denial of natural justice to an employee concerning employment
2
Q

Who can bring an unfair dismissal? (5)

A
  • Almost all Australian employees who are not employed by a state government
  • Employees who have served the “qualifying period of employment” • 6 months for employers with 15 or more employees • 12 months for employers with 14 or less employees
  • Employees who earn less than $129,300
  • Employees who are covered by a Modern Award (or other industrial instrument)
  • this includes casuals and part-times if they served the “qualifying period of employment”
3
Q

Stats around unfair dismissals (3)

A
  • 12000 unfair dismissal claims lodged at the FWC each year
  • 80% of unfair dismissal claims settled by Conciliation
  • 75% of unfair dismissal claims result in payment of compensation
4
Q

What is bullying?

A

A worker is bullied at work if, while at work, an individual or group of individuals repeatedly behaves unreasonably towards them and that behaviour creates a risk to health and safety.

Bullying does not apply to “reasonable management action carried out in a reasonable manner”.

5
Q

WPA quote: Why do we ask about industry?

A

A high staff turnover is a red flag of a problem within the company. However, in certain industries, like e.g. fruit picking, it is normal.

6
Q

WPA quote: employee numbers?

A

The more employees the business has, the more sources / potential sources there are for claims. Also, the greater the number of staff, the more difficult it can be for directors/management to identify any problems, or to maintain effective control over the staff.

7
Q

WPA quote: Why do we ask for percentage breakup of turnover by region?

A

This is required for Stamp Duty purposes. Referred if > 60% overseas

8
Q
A