atw: Re: Was: ..truth and logic now Ambit contract

there used to be a thing for casual employees called "reasonable
expectation of work", where if you have been working a regular number of
hours for over six months, you can reasonably expect to continue working
that amount. so, for example, if you have been working 50 hr weeks for
almost a year, and your employer informs you on a friday not to come in
the next week because there is no work for you, you could take them up
on that. (or choose to give them the same courtesy in the amount of
quitting notice you give them...)



Regards

Elizabeth Fullerton
Business Solutions Architect
Infosys Australia
Tel: +61 3 9911 3355
Fax: +61 3 9911 3407
www.infosys.com
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-----Original Message-----
From: austechwriter-bounce@xxxxxxxxxxxxx
[mailto:austechwriter-bounce@xxxxxxxxxxxxx] On Behalf Of Terry D
Sent: Wednesday, 30 November 2005 12:23 PM
To: austechwriter@xxxxxxxxxxxxx
Subject: atw: Re: Was: ..truth and logic now Ambit contract

Hi Brian,

I haven't kept in touch with IR laws in recent years,
but I'm pretty sure that you'll find that for
full-time employees, the IR courts generally deem the
pay period to be the notice period. I understand that
currently, depending on what state you live in, there
are also length of service and age provisions that
affect the minimum period. I'm sure that is about to
change, though--if it hasn't already.

The whole issue is complicated by definitions of
state/federal jurisdiction, employee/contractor
status, and there is a cut-off salary level above
which you cannot make claims in the federal IR courts.

Indeed, I've just found a table of minimum notice
periods that varies from 1 week for those whose length
of service is less than a year, to 5 weeks for those
aged 45+ with 5+ years' service.

I am sure, however, that your notion of employers
having an obligation to pay only an hour's pay if
you're paid an hourly rate is not correct. I'm always
glad to learn--though the lesson would be a sad
indictment of Australian conditions.

[see
http://www.job-watch.org.au/jwtermemp/teuud0506.pdf
and
http://www.docep.wa.gov.au/lr/LabourRelations/Content/Termination%20and%
20Dismissal/Pages/Unlawful%20Termination.html]

Cheers,
Terry


        
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