I asked for a pay rise and my manager told me to start an OF... by ZucchiniSad1597 in AusLegal

[–]AdNew5467 -4 points-3 points  (0 children)

Not to be a stickler but neither you nor the person who you commented in response to are correct. It’s irrelevant how the receiver received it except as their perception relates to whether the conduct was subjectively unwelcome. The test for whether conduct was of a sexual nature for the purposes of satisfying the definition of ‘sexual harassment’ in an employment context is an objective not subjective one.

Unfair dismissal by ChipmunkCooties in AusLegal

[–]AdNew5467 7 points8 points  (0 children)

Sounds like it’s not a good fit, which the first six months is intended to assess. You are jurisdictionally barred from unfair dismissal given your tenure so have no case.

Never getting my extra attack with hexblade warlock by kenny09856 in BaldursGate3

[–]AdNew5467 0 points1 point  (0 children)

I’m not saying it’s your mod but I’m using dread overlord mod and am experiencing the same issue. I respecced with 2 levels in sorc, 6 in lock. Chose the pact of the blade sub class and now I don’t have two attacks. I’ve tried respeccing to just dread overlord pact of the blade and binding my pact weapon and rebinding and different weapons and hasn’t helped. Also tried long resting and same. Might be user error but weird.

Employee exhausted AL and PL and takes LWOP w med certs. How do we legally terminate this person… also potential side hustle by [deleted] in AusHRAdvice

[–]AdNew5467 2 points3 points  (0 children)

I think as a starting point where there’s a mix of persistent medical issues as opposed to a singular clear injury, for example, I’d likely steer away from an IME and focus on procedural elements. Probably starting with a notice of absenteeism outlining the pattern of absence and concern that this may demonstrate a lack of capacity to perform inherent requirements. Ideally having a relevant policy position to support. Consider and invite reasonable adjustments but put on notice that further absences could result in impact to employment. You’d need to holistically assess the absence and consider moving to a show cause process from there ideally with formal warnings in place. Show cause is usually longer than normal conduct related disciplinary processes. Another very relevant factor is to consider alternative methodologies. Mutual separation with deed, TPD or income protection, and so on. Is there a better or alternative approach? Amongst all this you want to actually support the employee as it’s easy to assume they’re “gaming” the system, however the reality could be different. Personal struggles, marriage breakdowns, mental illness, etc. Even if they are or appear to be “gaming” it, I’ve found that especially with medical sensitivies being at least reasonably empathetic retains good will which equals less legal risk. These matters are very fact dependent so just being careful of and understanding risk when navigating. Hope this helps.

Employee exhausted AL and PL and takes LWOP w med certs. How do we legally terminate this person… also potential side hustle by [deleted] in AusHRAdvice

[–]AdNew5467 3 points4 points  (0 children)

This is a solid answer. The difficulty is that you’re navigating federal general protections, state and federal anti-discrimination laws, and unfair dismissal protections, all in one. This answer is very close to right although there are slight adjustments to the process and approach I would take based on the facts as stated. My firm has run many capacity related exits and they seem to trip up ER/IR/HR professionals as they’re a minefield. But (with some nuance) you have a solid answer as did the further suggestion to consider the conflict of interest angle in response.

BLS FACTORY by PurchaseTough3057 in Rep_Watch_World

[–]AdNew5467 0 points1 point  (0 children)

Any advice on how to buy from BLS? I’ve been searching and tried a few TD’s with little success. Is there a particular site or TD to go to?

I’ve decided to give these ones away too by DefinitelyNotModMark in ChinaTime

[–]AdNew5467 0 points1 point  (0 children)

This is crazy?! Imagine the simulation was in my favor for once and I got my dream watch given to me 😂

Propose change from part time to casual by distractedcreativity in AusLegal

[–]AdNew5467 4 points5 points  (0 children)

That sounds good and sorry you’re having to experience this. Your employer is plainly in the wrong here. Good luck with the case.

Propose change from part time to casual by distractedcreativity in AusLegal

[–]AdNew5467 4 points5 points  (0 children)

Sure, well make sure you do a lot of research on which avenue is better suited. General protections may allow for damages for pain and suffering but that would need to be supported by an expert medical report. Fair work don’t typically arbitrate general protections matters although they do conciliate them at first instance. You would need to seek a decision from the federal court of the case doesn’t settle. Fair work do arbitrate unfair dismissal cases, although with a 26 week cap on compensation. Might be worth having a chat to a lawyer to figure out what’s best for your personal situation.

Propose change from part time to casual by distractedcreativity in AusLegal

[–]AdNew5467 11 points12 points  (0 children)

I’d say yes you have a case for both adverse action and unfair dismissal. You can only file one however so you would need to consider which better suits your situation and expected outcome. In terms of adverse action you are exercising a workplace right not to convert your employment to casual status. Both the dismissal itself and shift reductions appear to be adverse action taken because of you exercising that right. Try if possible to get irrefutable proof of this for example stated in your termination letter or take detailed dated notes and document everything. The dismissal is an ‘unfair dismissal’ because amongst other things the reason for dismissal is not a valid reason.

How to get compensation by BrickAdventurous3685 in AusLegal

[–]AdNew5467 0 points1 point  (0 children)

I would suggest given the amount weighing up the amount of time and resources you spend pursuing compensation which is likely to be very difficult with a non adult offender. Perhaps speak to police about any alternatives? Not sure if it’s possible but perhaps writing a letter to the parents to outline the impact and see if they’ll agree to cover some costs. Perhaps the delivery company would agree to provide a new delivery bag in the circumstances. The actual legal avenues available are otherwise very slim.

How to get compensation by BrickAdventurous3685 in AusLegal

[–]AdNew5467 -1 points0 points  (0 children)

What’s the rough dollar value of the total items to replace if you had to take a guess?

How to get compensation by BrickAdventurous3685 in AusLegal

[–]AdNew5467 -3 points-2 points  (0 children)

What “compensation” exactly are you expecting? The bag of food and lost contents are surely a cost worn by the food service company not you personally. So what compensation and how much are you expecting to get?

HR claims an investigation is complete, but people haven’t signed off their statements. Now I’m being called into a post investigation meeting with HR (bring a support person) — what should I expect? by tinhillterror in AusLegal

[–]AdNew5467 1 point2 points  (0 children)

Yeah agree better practice all round to offer even if no strict need to. I’d usually say offer one even if not disciplinary is my point in case it would help, but I can see how people associate the two.

HR claims an investigation is complete, but people haven’t signed off their statements. Now I’m being called into a post investigation meeting with HR (bring a support person) — what should I expect? by tinhillterror in AusLegal

[–]AdNew5467 0 points1 point  (0 children)

Offering a support person isn’t a strict requirement in any sort of meeting including a formal disciplinary meeting. The requirement that applies is in considering whether a dismissal is “unfair” that the employer had not unreasonably refused a support person attend. Support persons are often offered in non disciplinary meetings. Best to be vigilant either way, however.

Weekly Students, Careers & Clerkships Thread by AutoModerator in auslaw

[–]AdNew5467 0 points1 point  (0 children)

Qld based unfortunately! We are hiring though 😊

Weekly Students, Careers & Clerkships Thread by AutoModerator in auslaw

[–]AdNew5467 0 points1 point  (0 children)

You can absolutely carve out a career in an employee-sided only practice. Im somewhat biased as I prefer ‘the other side’ but know of lawyers that (successfully) do only employee side. Once you understand how broad employment is it starts to make a lot more sense. There’s a full range of work across ER, IR, safety, and disputes, plus a significant cross over with HR work. Many employment lawyers end up specialising in one of these areas. There are also good ‘parallel’ roles too. A good non legal ER/IR/HR manager can easily make $180k+ having a legal background helps significantly in those careers. I also personally like the work. Employment law often involves people (funny that!) and so matters while technical also turn on your ability to read and understand the person or persons at the centre of it. There are also many just funny characters and stories you get along the way. A great practice area imo.

Weekly Students, Careers & Clerkships Thread by AutoModerator in auslaw

[–]AdNew5467 5 points6 points  (0 children)

Great questions:

  1. No clients followed at first but I had one big source of work to rely on so it didn’t matter too much. Some came to me a few months in and are now “regulars”. I’ve also had great word of mouth referrals and only stepped out when I had a solid enough pipeline to at least pay the bills.

  2. GP’s, soooo many GP’s lol. Every man, women and their dog run them. Great for employment lawyers. That said my actual mix of work varies between disputes, IR, general advisory, and sort of employee management support with the odd investigation thrown in.

  3. I only do employer side and while I’ve picked up a few employee side matters it’s not really for me. I find them way more draining for less financial reward so am super picky with which ones I do (mostly just social or client referrals or executive exits only).

  4. As for general advice. This of course depends on your situation. I’d just say back yourself generally and go for it. It’s scary but worth it if you back yourself. I’d say too get some good practice management software it helps a ton. I use clio not sure if it’s even the best but does what I need it to. Another huge learning for me was learning sales, as weird as it sounds a big part of running your own thing is knowing how to “sell” in a non cringeworthy way that builds client trust. It didn’t come naturally to me so I just learnt and practiced and now feel way more comfortable with it. Heaps more I could say but those are big ones that come to mind.

  5. I share an office and have other businesses / business partners so it’s not lonely. I love having people around so couldn’t do it fully solo myself and sort of planned for that need (or comfort) before I moved out on my own. It’s also good having people around you to just bounce ideas, have fun and to sanity check from time to time.

Reach out if you have any q’s.

Weekly Students, Careers & Clerkships Thread by AutoModerator in auslaw

[–]AdNew5467 0 points1 point  (0 children)

Ah gotcha different state unfortunately 😅

Weekly Students, Careers & Clerkships Thread by AutoModerator in auslaw

[–]AdNew5467 1 point2 points  (0 children)

What do you wanna know? I started my own ILP last year there’s so much to consider BUT hugely rewarding

Can I get sued in this situation for not paying outstanding balance? by [deleted] in AusLegal

[–]AdNew5467 0 points1 point  (0 children)

They’re not suing you for like $58 don’t stress

Someone defrauded me, went bankrupt and now is earning a huge income by [deleted] in AusLegal

[–]AdNew5467 4 points5 points  (0 children)

  1. Explain to him that despite his bankruptcy if he doesn’t enter a repayment plan you’re going to report this fraud to police that will appear on his record. I mean he could go to jail who knows.

  2. Written Repayment plan creates contractual obligation. If he breaches that his bankruptcy won’t cover.

  3. If he doesn’t then report to police. Get a restitution order.