ClinLegal

In this article we will discuss different types of contracts, focusing on fixed-term contracts. To recap, permanent employees can be full-time (38 hours per week) or part-time (37 hours per week or less) and they will accrue leave benefits such as annual leave and personal leave. With casual employees you will have flexibility with their […]

Many Practices employ casual employees. There are good reasons for this. Having casual workers provides significant flexibility for Practices since they can adjust their staffing levels quickly in response to changing circumstances. For example, in order to cope with changes in demand or COVID-related shutdowns. That does not mean that employing someone as a casual

In one of our previous circulars, we discussed the legality of implementing a mandatory COVID-19 vaccination policy for staff at your Practice. Our position was that, at that point in time, it was unlikely that a mandatory vaccination policy would be considered a ‘lawful and reasonable direction’. As such, we recommended Practices err on the

  From 1 July 2021, minimum award rates (as well as the national minimum wage) will increase by 2.5%.  If you are paying staff the minimum rates based on the Health Professionals and Support Services Award, it is very important that you increase them to avoid non-compliance. By way of example, if you employ a new Receptionist who

From 1 July 2021, the superannuation guarantee rate will increase from 9.5% to 10%. What does this mean for your Practice? In short, it means that Practices will now have to pay 10% superannuation for your employees instead of 9.5%. Most practices can expect to pay this increased rate on top of your employees’ base

In this article, we are revisiting the age old question: is your Associate a contractor or an employee? We will discuss why this question matters; examine a recent case which clarifies that invoicing does not in itself avoid employment; and give a brief overview of which factors to look at in determining whether someone is a

In this circular we discuss the upcoming change for Hygienists. From 1 July 2021, Hygienists working at private practices will be covered by the Health Professionals and Support Services Award 2020. This is a major change for employers as historically Hygienists were specifically excluded from the Award. We suggest employers provide new contracts to Hygienists

In this circular we discuss implementing a mandatory COVID-19 vaccination policy for staff at your Practice: your rights as an employer, WHS law and advice for Practices. Can you make it mandatory?At present, employers cannot require employees to take the vaccine.  This is consistent with the official advice of the Fair Work Ombudsman and Safe

My Receptionist wants to reduce her days from 5 to 2 when she returns from maternity leave, do I have to agree? There are two parts to this question: what is the employee’s right to return to work; and what are your obligations to accommodate a requested change.  Firstly, if your employee has worked for

This week saw changes to employment laws for casual employees.  We outline those changes below, to assist Practices to understand, comply, and utilise them. There is a general view that engaging employees casually gives Practices flexibility to access staff as and when needed, to suit the Practice’s needs. This flexibility is generally not possible with