work rights
by jmurdochEmployment contracts
A person covered by an award or agreement also has a common law contract of employment. If you are not covered by an award and/or agreement (most likely if you work in areas like real estate, marketing or some areas of IT) then your terms and conditions of employment may be contained in a common law employment contract.
superannuation
When you are offered a written contract of employment, you should read the document before you sign it. When you are just starting out in the workplace you may wish to have someone, such as a parent, teacher or career advisor, have a look at the contract to help you understand it and see if it is fair.
If you are a full-time, part-time or casual employee between 18 and 70 years of age, your employer is required to make superannuation contributions on your behalf (known as the Superannuation Guarantee) for any month in which you are paid $450 (before tax) or more.
If you are under 18, you must be working more than 30 hours a week to be eligible to receive superannuation contributions from your employer under the Superannuation Guarantee.
If you are covered by an award or workplace agreement, you may be eligible to receive superannuation contributions from your employer on all of your earnings even if you are under 18, working part-time and earning less than $450 per calendar month—some awards extend superannuation to a wider range of employees, or to all employees.
DISMISSAL
Redundancy
Redundancy is when employment is terminated because the employer no longer needs the job in question to be performed. Many industrial instruments prescribe minimum notice periods and minimum severance payments for employees who are made redundant—these vary depending on the employee’s length of service. Commonwealth legislation also contains minimum notice periods for termination of employment by an employer.
Poor work performance
Poor work performance includes (but is not limited to) a poor attitude towards co-workers and the public, failure to complete tasks in a realistic timeframe, failure to meet agreed goals or outcomes or an aversion towards learning new skills.
Each employer has a different approach to dealing with employees they perceive to be poor performers. Some industrial instruments set out the procedure an employer must follow when dealing with staff members who are not performing to the required standard.
Generally, employers must discuss the issue with the employee and set out a procedure for corrective action, which may include training to improve the employee’s performance.
Usually it is only after this step has been taken, and the employee is still found to be below accepted standards, that the employer will move towards termination.
Serious misconduct
Serious misconduct includes (but is not limited to) theft, assault, taking illegal drugs, intoxication during working hours, refusal to carry out reasonable instructions, and anti-social behaviour threatening the health and safety of a person, or the reputation or viability of the employer.
When serious misconduct is proven, the employer may dismiss the employee without notice.
