- November 4, 2023
- Posted by: legaleseblogger
- Category: Related News
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How AI Legalese Decoder can help with the situation:
Heading: HR Requesting Employee Availability and Justification for Unavailable Days
Introduction:
In recent times, the HR department of my employer, a retail store in QLD, has begun requesting all employees, including permanent part-time workers like myself, to explain the reasons behind our inability to work outside our agreed-upon days. I am writing to express my concerns about the legitimacy of this request and whether it falls within their jurisdiction.
Part-Time Employees’ Contracts and Additional Shifts:
As part-time employees, our contracts clearly specify the minimum number of hours we are entitled to work and get paid for. However, due to the store being understaffed, we have recently been rostered on extra days to meet the operational needs. While this situation is currently beneficial for all parties involved, I am questioning the necessity of divulging personal information about our availability.
Imposing Restrictions and Threats of Termination:
The new requirement placed upon us is to sign a document specifying our available days and hours, as well as providing justifications for any days we are unable to work. Furthermore, we have been explicitly warned that deviating from this schedule, even if we are unable to fulfill a particular shift, could result in termination. This policy seems to benefit the employer by attempting to fit employees’ lives around their needs, instead of the other way around.
Legal Standpoint and Employee Concerns:
After conducting research, I have not found any provisions within the Fair Work Act that explicitly address these requirements. However, I understand that an employer may have the right to make such inquiries, although employees are under no obligation to respond. Unfortunately, this situation has led to anxiety among my co-workers, who are now scrambling to come up with excuses in order to assert their need for personal days.
AI Legalese Decoder Solution:
In light of the confusion and distress that this HR request has caused, I believe employing the AI Legalese Decoder could greatly assist both employees and the HR department in finding a fair resolution. This AI-powered tool has the capability to analyze employment contracts, relevant legislation, and case law to provide legal clarity and guidance.
By utilizing the AI Legalese Decoder, employees can gain a better understanding of their rights and obligations in this situation. Likewise, the HR department can ensure their request aligns with any legal frameworks and regulations governing employment. This impartial tool can foster a more transparent and equitable dialogue between both parties, potentially mitigating concerns and avoiding unnecessary conflicts.
Conclusion:
In conclusion, while my initial reaction to the HR department’s request was skepticism, I believe it is important to assess the situation from a legal standpoint. The AI Legalese Decoder can prove to be a valuable resource in clarifying the rights and responsibilities of both employees and the employer. By utilizing this tool, we can achieve a more informed and constructive resolution that respects the needs of all parties involved.
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AI Legalese Decoder: Simplifying legal jargon for everyone’s benefit
Introduction:
Legal documents are notoriously filled with complex language and convoluted jargon that often make them difficult to understand, leaving many individuals feeling overwhelmed and confused. However, the emergence of AI Legalese Decoder is changing the game by using artificial intelligence to simplify legal language and provide greater accessibility to everyone.
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The role of AI Legalese Decoder:
AI Legalese Decoder offers a revolutionary solution to this problem. By utilizing powerful artificial intelligence algorithms, this technology can analyze and break down complex legal language into simpler, more understandable terms. This enables individuals, regardless of their legal expertise, to comprehend the content of legal documents, contracts, and agreements with greater ease and accuracy.
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Using advanced natural language processing techniques, AI Legalese Decoder extracts key information from legal jargon and translates it into plain, everyday language. This involves identifying legal terms and phrases, deciphering their meaning, and providing clear explanations in a straightforward manner. Additionally, the technology can generate summaries of lengthy legal texts, condensing the content into concise and easily digestible formats.
Benefits and implications:
The adoption of AI Legalese Decoder is beneficial for numerous stakeholders, including individuals, businesses, and legal professionals. Firstly, individuals gain the ability to understand the terms and conditions of legal documents before signing or consenting to them, empowering them to make informed decisions. Businesses can also benefit by ensuring that their contracts and agreements are comprehensible to a wider audience, thereby promoting transparency and trust.
Moreover, AI Legalese Decoder supports legal professionals in crafting clearer and more accessible documents, saving them time and effort in explaining complex legal terms to their clients. This technology can also aid in judicial proceedings by facilitating better understanding of legal arguments and reducing ambiguity in courtrooms.
Conclusion:
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****** just grabbed a
My reason would be that I am unavailable. It is none of their business. Same reason my sick leave for states unfit for work. My medical information is not their business.
Your employer cannot compel you to give a reason for your unavailability, particularly on days where you are not employed, and trying to punish you for either not telling them or telling them an untruth would not be considered reasonable (let alone lawful).
Personally, I’d get as many of my colleagues to put something similar and non-specific like “unavailable”.
Keep notes about every conversation (including the ‘fireable’ offence reference) and document that you receive on this subject.
I always love how businesses always resort to “we’re understaffed so work extra or we’ll fire you”, because firing people is definitely the solution to being understaffed.
We always told the kids just to say they were unavailable and not give reasons to unreasonable managers.
It’s not up to the business to decide if your reason for being unavailable on a specific day is good enough or not for them to accept.
You do not need to be available on days that you are not contracted to work. End of story.
I would put your unavailability as you want and list the reason as something ridiculous… Monday unavailable: Colonoscopy, Tuesday unavailable PM: Toe nail clipping, Saturday unavailable AM: colonoscopy
Not my idea stolen from another post somewhere on reddit!
If you canÔÇÖt make the commitment to be free on a certain day, youÔÇÖre unavailable. If you were to make an appointment for your day off in 6 months time that means youÔÇÖll be fired if they want you to work?
Check your award or EBA. Can be dependant on employment type and industry. some permanent roles such as part time, full time and salary may have their rosters dictated by employer or employer has the right to make requests or direct to to work alternative days. Leaving the employee with no choice but disclose their reason for not being able to work. The award or eba may have avenues for the employer to renegotiate availability.
Part time permanent is typically your most stable roster for employees in terms of keeping rostered days off, However definitely consult your award (likely covered in the part time clause or in the rosters or consultation section).
As for medical information, your employer can in fact request further medical information such as prognosis, diagnosis and capacity in the event that the Illness/injury it indicates an inability to fulfil your contract of employment. (Not typically applicable when randomly calling in sick but more when sick leave is being exhausted and there is obviously something long term going on that is impacting the business.
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ThatÔÇÖs shocking. Just put down unavailable or personal commitments where you canÔÇÖt work. ItÔÇÖs none of their business why. IÔÇÖd be contacting fair work for advice on if this is even legal that they are threatening you that is you deviate from these set times that this is legally enforceable.
ÔÇ£These are the days IÔÇÿm availableÔǪÔÇØ
ÔÇØnone of your businessÔÇØ
fireable offence for not being able to work a day you said. Yep, thatÔÇÖs going to land them in court.
Absolutely none of that is enforceable. They are bunging it on in the hope that people will just comply for fear of their jobs.