Products and product related

Question 1

Where can EPL Claims come from? (9)

Answer 1

• 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

Question 2

Who can bring an unfair dismissal? (5)

Answer 2

• 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”

Question 3

Stats around unfair dismissals (3)

Answer 3

• 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

Question 4

What is bullying?

Answer 4

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”.

Question 5

WPA quote: Why do we ask about industry?

Answer 5

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.

Question 6

WPA quote: employee numbers?

Answer 6

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.

Question 7

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

Answer 7

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