Workplace myths
A recent article from the Fair Work Ombudsman exposes the following myths.
Myth: Employees can be terminated because they’ve reached retirement age.
Fact: It is unlawful to terminate an employee because of their age.
Under the Fair Work Act 2009 it’s unlawful to discriminate against employees because of pregnancy, race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
Myth: Only full-time and part-time employees can request flexible working arrangements under the National Employment Standards (NES).
Fact: Casual employees can request flexible working arrangements under the NES if they’ve:
• been regularly and systematically employed for at least 12 months
• have a reasonable expectation of continuing work on a regular and systematic basis.
To be eligible the casual employee also needs to be in one of the following categories:
• a parent or has responsibility for the care of a child who is school aged or younger
• a carer within the meaning of the Carer Recognition Act 2010
• have a disability
• age 55 or older
• are experiencing violence from a member of the employee’s family, or
• are caring for or supporting an immediate family or household member who requires care or support because of family violence.
Myth: Employees can be made to take annual leave instead of working out their notice of termination.
Fact: You can either:
• ask the employee to work out their notice period or
• pay the employee instead of giving notice.
You must pay at least the amount the employee would have received if they had worked out the notice, plus any annual leave they’ve accrued but not taken. For example, if the employee was entitled to 1 weeks’ notice they would get 1 weeks’ pay in lieu of notice and have any annual leave they hadn’t used paid out.
Do you have a myth worth busting? Go to http://www.fairwork.gov.au and leave a comment.
