79.7 When a professional is promoted to the next level, he is not reduced and promoted to the stage level to which he has acted. Subsequently, the Court found that Qube had brought an action against McMaster by terminating his employment because of his refusal to perform his superior duties and stated that Qube had violated Section 340 (1)a) Fair Work Act 2009 (Cth). The Court rejected Qube`s argument that it did not intend to take prejudicial action for unlawful purposes because it had a misconception of the law. Qube appealed that decision. 79.4 The higher allowance is the difference between the skilled employee`s material salary and the upper-tier minimum wage point. 29.5. When an officer performs higher tasks for a period between half a day and a full day, the duration of the duties is longer than the entire day for the payment of the allowance. 79.5 If the professional officer does not complete the entire duration of the senior position, he receives on a pro-rata basis an amount of the difference between the officer`s material salary and the minimum wage point of the upper echelon. Although the Court found in that case that the worker did not have the right to refuse superior duties, the law recognizes circumstances in which workers are not required to perform instructions to perform higher duties. Examples: 29.6. Where an officer performs only part of the duties of a senior public servant, the AAH may be paid at an appropriate percentage of the compensation covered in point 29.3 a). 29.1.
When higher-level duties are required, an HDA may be paid to a specialized staff member. For example, Section 24.2 provides, in accordance with the 2010 Manufacturing and Associated Industries and Occupations Award, a commitment in which a worker performs tasks that would fall above that of a higher classification – and higher tasks. If a worker performs higher tasks of more than two hours during the day or shift, he must receive in this clause the higher minimum wage for the whole day or the position. If the higher tasks are less than two hours, the worker must pay the highest rate for the work time thus performed. 79.1 An agent who must act in a higher rank than the officer receives compensation calculated in accordance with this clause. One of our superiors is taking a 3-month service leave, while he is away, we have asked another employee to strengthen himself and take on additional duties to help during this period. The worker does not perform all the supervisory tasks, but must spend at least half of his time a day on additional tasks. Do we have to increase the employee`s salary during this period at the same level as the supervisor? The court found that the two sentences of the clause were repeated and collectively meant that Qube was obliged to lead McMaster, to work within his assigned rank. As a result, McMaster had the right to refuse to perform the most important tasks. The Plenary Court`s decision also recalls the type of employment contract – the fact that the worker enters into contracts for the placement of skills and experience in the service of the employer.