Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law

We currently have an employee who has been with us since

Customer Question
Good Morning, We currently have an...
Good Morning,
We currently have an employee who has been with us since April this year who has quite a history of illness/absenteeism.
We suspect that she stays up late at night so with that tiredness gets rundown & sick as a consequence. Is there anything we can do or say as an employer to suggest to her that she needs to think about getting the appropriate rest to do her job effectively & warn her that if the absenteeism continues we will have to change her employment to casual, as it is interferring with work performed & other staff productivity as they need to do her work while she is away.
Thank you
Submitted: 1 year ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 1 minute by:
9/27/2016
Solicitor: Leon, Solicitor replied 1 year ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,452
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Good Morning.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

How many staff do you have? They may be on probation and you can terminate them without reason.

Ask Your Own Australia Law Question
Customer reply replied 1 year ago

Sorry, I thought I had already replied to you?

Hi Leon,

We have 15 employees (full time, part time & casual).

She is no longer on probation. Was made full-time permanent on 1/7/16.

Anne.

Solicitor: Leon, Solicitor replied 1 year ago

Good Afternoon

If you terminate him before the 6 months is up he cannot make a claim for unfair dismissal

Here is some information.

http://workplaceinfo.com.au/termination/unfair-dismissal/analysis/time-limit-for-claiming-unfair-dismissal#.V-oH-zKr3fA

If he cannot fulfil the criteria of the job then you also have an alternative to change him from full time to part time.

You have to be careful not to terminate him because of illness. So you do not have to give him a reason.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Ask Your Own Australia Law Question
Customer reply replied 1 year ago

Thanks Leon,

We weren't really looking at terminating employment at this point...We have invested time and money with this employee and can see some value in keeping them on.

Looking more as in what (if anything) we can suggest for them to do get healthy & rest so that they don't miss so much work.

Anne

Solicitor: Leon, Solicitor replied 1 year ago

Good Morning.

If he cannot do the job you have to have a meeting with him and advise that he cannot comply with the requirements and you are offering him an alternative.

You have to have a meeting with him and set out that he is not meeting the work description and make changes by agreement.

I hope this makes sense and is of assistance.

Ask Your Own Australia Law Question
Customer reply replied 1 year ago

Hi

Our main question is ... can we say that the employee is unable to fulfill the job role because of lack of days worked ?

Cheers Anne

Solicitor: Leon, Solicitor replied 1 year ago

Good Morning

If they cannot be present the days required then yes you can.

Ask Your Own Australia Law Question
Customer reply replied 1 year ago

Even tho they are Sick Days ?

Solicitor: Leon, Solicitor replied 1 year ago

You have given me the impression she is taking alot of time off?

They have 8 days sick in the first year.

They have to work for 122 months to have the 8 days. How many days off has she had since starting in April?

Ask Your Own Australia Law Question
Customer reply replied 1 year ago

She has had 17.8 days sick

& 19.1 days leave

obviously a lot of this is unpaid

all since starting date of 6/4/16

Solicitor: Leon, Solicitor replied 1 year ago

Good Afternoon

She has no more sick leave to use.

You cannot terminate her because of her illness that is discrimination.

Even if you change her to part time there is no guarantee that she will be able to do the hours you want.

You have to advise her that you need someone that can work full time. If she cannot do the hours you will have to change her too part time and hire another partner to do the balance.

Ask Your Own Australia Law Question
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,452
45,452 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

45,452 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
We have had a car stored in our shed for 13-14yrs the owner
We have had a car stored in our shed for 13-14yrs the owner never came to pick it up she would ring about once a year promise to pick up in a few weeks but didn't we had no contact number or a full na… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
As a Sole Trader, if a Customer is refusing to pay for Parts
As a Sole Trader, if a Customer is refusing to pay for Parts installed into a Pump on their property (I have the Proof of Purchase for the parts installed), I have 7 months of left messages, actual co… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
My sister in law has purchased a unit in Bicton she was
Hi my sister in law has purchased a unit in Bicton she was informed by agent thst strata fees were $450 per quarter she budgeted for this and cannot afford any more as she is on a pension when she miv… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
My son lives in qld and is in debt up to his eyebrows .I am
Hi my son lives in qld and is in debt up to his eyebrows .I am 81 and cannot help can you tell me if he can cet his bank to freeze his house mortgage for a period to help … read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I just don't know how to ask this question in realation to a
Hello I just don't know how to ask this question in realation to a retail employee that's going into the 7 year on casual rates … read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
My husband and I have recently separeted, living still on
My husband and I have recently separeted, living still on the same property, I have invested all my life savings of $130'000 from overseas (Switzerland) into the property and relationship. Unfortunate… read more
Leon
Leon
Solicitor
45,452 satisfied customers
I have an enquiry in regards to a towing dispute. I am
Good afternoon, I have an enquiry in regards ***** ***** towing dispute. … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,833 satisfied customers
My ex husband and I just passed away. We were in touch and
My ex husband and I just passed away. We were in touch and he wanted to come and restart our relationship. I went to his funeral yesterday. In Fremantle. We were together from 1980 until 1996. We were… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I have been separated from my husband for 2 months now, so
I have been separated from my husband for 2 months now, so far things have been amicable, just want some advice on what to do in regards ***** ***** and children, I have verbally agreed to a 50-50 spl… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
Is it illegal to put spy wear on a partners mobile which
Is it illegal to put spy wear on a partners mobile which allows to monitor all calls and text messages and photos he also illegal got the thumb print and got onto the mobile and downloaded all message… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
We are in a housing co op belonging to C.E.H.L. we have a
we are in a housing co op belonging to C.E.H.L. we have a tenant who said she was vacating on the 17th jan then she said she wasnt...a neighbour saw the removilist van on the 17th and she was gone tak… read more
Leon
Leon
Solicitor
45,452 satisfied customers
I had an avo taken out on my behave by a police officer
I had an avo taken out on my behave by a police officer after a domestic call out.No violence happened and I want to revoke the avo due to some change in some things.It hasn't been to court yet.What a… read more
Leon
Leon
Solicitor
45,452 satisfied customers
I am wanting to know how I can change my daughters name. I
Hi my name is ***** ***** I am wanting to know how I can change my daughters name. I have a beautiful daughter Kinley who is just over 3 1/2. I am getting married this December to a wonderful man who … read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I spent 4 months 7 days most weeks building a tray for a tow
I spent 4 months 7 days most weeks building a tray for a tow truck for a friend on the understanding that when the new truck was registered I would revive the old truck as payment … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,833 satisfied customers
Learners log book the assessor changed the hours in book
Learners log book the assessor changed the hours in book says he has to do another 55 hours he is a learner Couier driver … read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I need to talk to a investigator ******. This is my num.
I need to talk to a investigator my name is Nick ******. … read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I have got a matter with emirates airlines could u please
hi i have got a matter with emirates airlines could u please help me with that … read more
Leon
Leon
Solicitor
45,452 satisfied customers
I am going to retire in less than 2 weeks. My employer is
I am going to retire in less than 2 weeks. My employer is unable to pay out my annual leave and long service entitlements. What are my options? … read more
Leon
Leon
Solicitor
45,452 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x