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Q&A
The Q&A Collection is a selection of questions and answers compiled from inquiries to the WorkplaceInfo Ask an Expert service. The answers are anonymised. They are also dated and should be read in the relevant time context.
For Q&As on more specific topics, refer to the Topics on the top navigation bar (eg Legislation, Awards and Agreements, Payroll, Recruitment, Termination, Human Resources Management, Industrial Relations and OHS).
Transferred employees and new probation?
Are employees who are transferred to a new employer subject to a new minimum period of employment to assess their suitability in their on-going roles with the new employer?
Adoption of 12-yr-old — is leave available?
Author Paul Munro 15 May 2012
Adoption leave is a less-common form of parental leave provided by the NES. An employers may be unsure whether an employee is entitled to the leave in the case of adoption of an older child.
Weekend work — extra week’s annual leave?
14 May 2012
Does a part-time employee who works regularly on the weekend become entitled to an extra week’s annual leave? This question was answered recently on WorkplaceInfo.
Drink-driving — breach of company policy?
Author Paul Munro 11 May 2012
Can an employer seek to enforce a company policy on drink-driving against an employee who was convicted over an offence committed in non-work time.
Author Paul Munro 8 May 2012 
1
Payments that are ‘ordinary time earnings’ are subject to superannuation guarantee employer contributions. But how are annual leave payments that are not straightforward ‘payment for leave taken’ treated?
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Termination on workers compensation prohibited?
3 May 2012
Dismissing an employee who is in receipt of workers compensation may breach the law; so, the particular circumstances must be considered in each case.
Author Paul Munro 1 May 2012 1
The relevant modern award must be considered when assessing whether an employer can refuse payment for a public holiday if an employee is absent after the holiday without legitimate excuse.
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Casual employment to permanent — a right?
Author Paul Munro 27 April 2012 1
The rules around an employee’s entitlement to be made a permanent employee after working a period of casual employment should be checked in the relevant award.
