The current laws affecting the relationship between employer and employee are the culmination of big changes in Industrial / Employment Law. In Victoria, most people and organisations are covered by Fairwork Australia and new Modern Awards, which came into operation on 10th January 2010.
The rights and obligations of both employers and employees are complicated and depend upon each individual set of circumstances. Should you have any reservations about your employment you should act promptly. Delays can cause prejudice, including barring your claim because it is out of time.
Termination of employment can be a vexed issue. There are remedies available to most employees where an employer terminates employment unlawfully or unfairly. Alpass & Associates can assist you when this occurs.
Superannuation disputes often arise out of employment relationships. Employers must meet minimum levels of contribution to a superannuation fund set out in superannuation guarantee legislation. Basically, employers must contribute a minimum percentage of each employee’s base earnings to a fund. There is a tax penalty for failure by an employer to make the contributions required by legislation.
There are some exemptions to the superannuation scheme which we generally know as the superannuation guarantee scheme which is governed by Commonwealth legislation. The legislation is administered by the Commissioner of Taxation and the tax is calculated by employers’ self assessment.
Employers and employees can agree that an employer pay more superannuation for an employee. This type of agreement is not administered by the Commissioner for Taxation but is enforceable in the same way as any other term of an individual agreement between an employee and employer.
Employees can make additional contributions to superannuation to boost the fund.
Alpass & Associates, together with financial and taxation experts offer advice in relation to legal issues arising out of superannuation disputes.