NSW Employment Law Queries as a Client of a Job Provider?

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Kaina

Active Member
15 November 2017
12
0
31
Hi,

I have a few questions, beginning with the present and proceeding to one from past employment in 1997.

Firstly, if an individual is a client of a Job Provider and the Job Provider has on their books, an employer seeking "casual" employees in After School Child Care for a prominent and well-known Community organisation, (here I will not divulge the organisation).

The shift being offered to the Job Provider client is 2.30 p.m. to 6.00 p.m. Monday to Friday, are these hours classed as "casual" or is this "part-time" work. Also, the employer may be benefiting from the government with a $10,000 incentive to continue employing that employee from between 3 months to 6 months.

If due to health problems the employee is unable to continue employment for 3 months to 6 months and is caused to resign, how is the client affected as a result of having to resign due to health problems and how does the Australian Department of Employment and the Department of Human Services (Centrelink?) view this? Would the Job Provider client be penalised or lose part or all of their Newstart Allowance?

Secondly, If an individual had received a Bachelor of Nursing in 1996 and in 1997 was employed by the Australian Government Department of Health at St. Vincent's General Hospital Darlinghurst for their Post-Graduate year, and during that year was constantly bullied by Senior nursing staff, to the point where the new career of the graduate nurse ended up in tatters, and the new graduate nurse was close to a break down due to Senior nursing staff ensuring that for each rotation that the graduate nurse had rotated. The bullying followed, until the new graduate nurse was missing work due to illness and stress and eventually resigned three weeks before the Post Graduate year completed.

Where the Nurses Union Association did nothing to assist or investigate why the bullying was not being prevented, can legal action be taken against the St Vincent's Hospital after such a long time as the case of bullying caused inconceivable damage and trauma both emotionally and psychologically to the Graduate Nurse in question and where income was ceased and the skills attained from the practice of nursing were no longer able to be used?

Thank you
 

Rod

Lawyer
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27 May 2014
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are these hours classed as "casual" or is this "part-time" work.

Hours don't matter. It is the classification the employer makes that is important. For instance a person can be employed for 1 week full-time and be a casual. The rate of pay is normally higher as a result of being deemed a casual. So a casual part-timer is paid more than a permanent part-timer.

can legal action be taken against the St Vincent's Hospital after such a long time

No. Far too late. The person suffering knew about the condition way back then and needed to take action close to the time the condition developed. It is not fair on an employer who has probably lost contact with key players and may not have all records available to properly defend themselves. People need to take responsibility and protect their own interests in a timely manner. They had their chance and failed to act.

Sorry to be blunt, just easier for me to say this way as I am short of time this morning. I can't stand bullies and believe they should be punished, however you/your friend have left it too late in this instance.
 

Kaina

Active Member
15 November 2017
12
0
31
Hi Rod, You have done well to be straightforward and have adequately answered my query.

Thank you.