Employment Law – Don Weissman Law

For dentists or owners of dental practices we are certain that you have employees who work there and also are sure that, without them, it would otherwise be almost impossible for your dental practice to function properly. No matter how great your dentistry skills and experience are, being able to use them within your dental practice requires others to support you such as dental nurses, receptionists, and administrative staff.

What all of this means at the most obvious level is that you are an employer and therefore subject to complying with the employment laws which exist within both your state and the country as a whole. This is where many dental practice employers get themselves in trouble due to them either not being aware of specific employment laws or, more concerningly, choosing to ignore them.

We sincerely hope you do not fall into the latter category of being an employer who thinks employment laws are for others to follow. If not, good, and it then could be that you have problems simply because there are employment laws that exist that you are unaware of, or are unsure how to apply and comply with them. Here are some ways you can change that scenario.

Continue reading ➞ What Dental Practices Must Do To Ensure They Comply With Employment Law

We regularly get asked about the laws surrounding sickness and employment termination. Fortunately, Australia’s laws are quite clear on this issue, which is something of a relief. As always, you should always seek legal advice from employment lawyers if you feel you’ve been dismissed unfairly. You can find a list of the best lawyers at lawyerslist.com.au.

In the rest of this article we’ve covered everything you need to know about illness and your rights as an employee. As always, this is meant as advice only and doesn’t constitute professional legal aid.

Can I Be Fired for Being Sick too Often in Australia?

First, let’s address the main question here. In short, the Fair Work Act 2009 says that an employee can’t be fired if they’re temporarily off sick. However, there are a few things to keep in mind here, and employers aren’t as exposed as it might seem at first.

In short, an employee who is absent on sick leave must provide a medical certificate or statutory declaration covering the claimed illness or injury. In most cases, this has to be provided within 24 hours, or, in special circumstances, within a reasonable time frame.

If an employee doesn’t provide these documents, then they can theoretically be dismissed without breaking the law. However, it’s usually a good idea to seek the advice of an employment lawyer to ensure you’re within your rights before terminating a contract.

Continue reading ➞ Can You Be Fired for Being Sick?