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When an employee does not attend work for a period of time without contacting me what are my options as an employer?

Abandonment of Employment.
Where an employee is absent from their place of work without any communication with the employer  to explain his or her absence and without the consent of the Employer and without good cause, the Employee shall be deemed to have abandoned his or her employment.

The period for determining this is usually five working days.

Under these circumstances, the Employer will not be required to give notice to the Employee.

 

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Period of Notice Required This is effected by The NES and the Award

Period of Notice Required This is effected by The NES and the Award

 

1                The National Employment Standards (NES) State the following notice periods

 

Period of continuous service Notice period
Not more than 1 year 1 week
More than 1 year, but not more than 3 years 2 weeks
More than 3 years, but not more than 5 years 3 weeks
More than 5 years 4 weeks

If the employee is over 45 years old and has completed at least 2 years’ continuous service with the employer they’re entitled to an extra week of notice.

 

2         Clause 16 of the Joinery and Building Trades Award States

 Notice of termination by an employee

The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

Notice Period

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What needs to be on a Pay Slip?

Pay slip requirements under the Fair Work Act

A pay slip is an advice of payment that an employer is required to give to employees. These should be issued within one day of the payment of wages; it may be electronic or hard copy.  These also need to be issued to workers when on leave.

Employers under the national workplace relations system are required to keep various records in relation to employees, for a period of seven years. The following records must be kept for each employee.

Checklist, Details to Include:

  1. The name of your business
  2. Your business ABN
  3. The name of the employee;
  4. Date of the payment
  5. The period to which the payment relates
  6. If the employee is paid by the hour, the ordinary hourly rate, the number of hours worked in that period, at that rate and the amount of the payment made at that rate
  7. If the employee is paid an annual salary, the salary amount
  8. The gross and net amount of the payment
  9. Any amount paid as:
  • An incentive  based payment
  • A bonus
  • Loading
  • Monetary allowance
  • A penalty rate, or
  • Another entitlement
  1. Any amounts deducted, including the name and number of the fund or the account into which the deduction was paid
  2. Amounts of superannuation contributions that you have made for the benefit of the employee during the period to which the pay slip relates.  You must also record the name of the fund to which the contributions was made, except for defined funds.

Penalties for non compliance for breaching the record-keeping requirements of the Act, per offence, are $2,750 for a body corporate and $550 for an individual.

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What is AS1288?

The Australian Glass and Glazing Association (AGGA) has recently introduced an accredited installer system for the glazing of safety and laminated safety glass. All members undergo training and testing of their knowledge of the Australian Standard for Selection and Installation of Glass in Buildings (AS1288). These installers are skilled tradespeople who have agreed to a set code of conduct and who have qualified to apply an AGGA certification label to any laminated safety glazing undertaken.