Your employer can generally decide whether to offer training and, if they do offer it, who needs it. But if they do offer opportunities for training or development, they must do this without unlawful discrimination.
6 Steps for reducing your hours.
- Do your homework. What do you know about the flexible work options your employer offers?
- Be specific. If you know what you want, ask for it.
- Be ready to fight for it.
- Be flexible.
- If you don't like the way things are headed, ask for more time to consider your options.
- Don't get stuck.
Insubordination is a direct refusal to perform an ethical and reasonable action that was requested by a manager. The requested action must be logical, ethical, and reasonable to be counted as insubordination if not carried out. The employee must also fully understand the request and still refuse to do it.
It is illegal to violate public policy when firing a worker—that is, to fire for reasons that society recognizes as illegitimate grounds for termination. Before a wrongful termination claim based on a violation of public policy will be allowed, most courts require that there be some specific law setting out the policy.
In most cases, a job description – unlike a contract of employment – is not a legally binding document. You can be asked to take on other duties, if these are reasonable. However, if what you are doing really doesn't match your expectations, and you believe that your employer deliberately misled you, seek legal advice.
Whether an employee is justified in refusing to work is always a question of fact and degree. Where an employee refuses to work, this is a breach of contract and can constitute gross misconduct.
Illness. If you are persistently off sick, or on long-term sick, your employer should normally look at any alternatives before deciding to dismiss you. For example, they might have to consider whether the job itself is making you sick and needs to be changed. You can still be dismissed if you are off sick.
Examples of reasonable adjustments can include:
- providing the right type of phone for an employee who uses a hearing aid.
- arranging for an interview to be held on the ground floor for a job applicant who uses a wheelchair.
- replacing a desk chair with one designed for an employee who has a disability affecting their back.
But my point is, you can say “no†to your boss, too. The trick is to provide some sort of justification. No, you don't have to justify each and every one of your decisions—that's an unnecessary waste of time and an insult to your integrity. But, “because I said so,†probably won't make the cut.
If an adjustment costs little or nothing and is not disruptive, it would be reasonable unless some other factor (such as impracticality or lack of effectiveness) made it unreasonable. Your size and resources are another factor.
A failure to make reasonable adjustments is a form of disability discrimination. However, an employer can refuse to make specific adjustments if it would not be reasonable for them to do so.
Victimisation is defined in the Act as: Treating someone badly because they have done a 'protected act' (or because you believe that a person has done or is going to do a protected act). A 'protected act' is: Making a claim or complaint of discrimination (under the Equality Act).
adj. 1 showing reason or sound judgment. 2 having the ability to reason. 3 having modest or moderate expectations; not making unfair demands.
Management action is a course of local action that is reasonably open to a manager to support and correct situations of employee conflict, poor performance or unacceptable behaviours at the earliest possible opportunity.
In considering whether a dismissal was harsh, unjust or unreasonable, the Commission must take into account:
- whether there was a valid reason for the dismissal related to the person's capacity or conduct (including its effect on the safety and welfare of other employees)
- whether the person was notified of that reason.
A 'lawful' direction is one where the employer does not require the employee to contravene a State, Territory or Commonwealth law.
This qualification is comprised of three elements:
- the behaviour must be management action.
- it must be reasonable for the management action to be taken, and.
- the management action must be carried out in a manner that is reasonable.
Employees should report to work on time and prepared for the workday. All employees are expected to maintain an appropriate level of grooming and hygiene. Employees are expected to present a clean, neat, and tasteful appearance appropriate to their position whenever working or representing the WRLC.
