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Disciplinary Reminders

Never take a prepared letter into a disciplinary meeting as it shows complete pre-determination of the outcome, which could result in an unjustified dismissal.  The only exception to this is during a 90-Day Trial Period in which case it is OK to bring a prepared letter confirming the dismissal.  For more information on the correct disciplinary process, contact the office.

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Appeal Allowed Calculation Holiday Pay

In issue were the provisions pertaining to “relevant daily pay” that were in force before 1 April 2011. Though the Court deliberately refrained from commenting on how its decision might affect interpretation of the post-1 April 2011 provisions, the strong similarity of those provisions should certainly make this case of interest to those whose workers have elements of remuneration that they do not invariably receive.

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1356

Posted on: Oct 26, 2012 Question: I applied for a management position with a publishing firm. X and I were short listed for the position.

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Credit Check Employee Breached Privacy

The Privacy Commissioner said it was not necessary, in terms of Principle 1 of the Privacy Act, for a credit check to be carried out on a woman who applied for a job as a part-time retail assistant with a large retail chain employer. The job application had been completed online on the store’s website. As part of the process she was required to consent to the store carrying out a credit check on her.

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Calculation Holiday Pay Termination Employment

Question: An employee’s last working day is 31 May 2012. His next holiday anniversary date is 1 April 2013. His annual leave due to 31 March 2012 is 30 days at $200 per day ($6,000). His gross earnings for the period 1 April 2012 to 31 May 2012 are $10,000.

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Fundamental Question Complainant

In a disciplinary investigation an employee has an absolute right to know exactly what allegations have been made against him or her but the employee has no absolute right to question the person who has made the allegations.

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