Morrison Government Seeks to Appeal Personal Leave Decision
The Morrison Government has announced that it will seek leave in the High Court to appeal the Full Federal Court decision in Mondelez v AMWU & Ors, which dealt with how personal/carer’s leave should be calculated under the Fair Work Act.
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Downfall for employee – Hitler parody a valid reason for dismissal
A famous scene from the film ‘Downfall’ has been the subject of an unfair dismissal application before the Fair Work Commission (FWC).
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Entitlement to Personal Leave – Full Court rules on Test Case
On 21 August 2019, a Full Federal Court issued a long-awaited decision of enormous significance within the industrial relations landscape, ruling that the annual entitlement to “10 days of paid personal/carer’s leave” contained within the Fair Work Act 2009 (Cth) is to be interpreted as 10 “working days” for all permanent employees. This entitlement to 10 “working days” per year also extends to part-timers, regardless of the number of hours or days they work per week.
Continue reading “Entitlement to Personal Leave – Full Court rules on Test Case”Upcoming Queensland Public Holidays for 2019
Clients are reminded that statutory public holidays for the Royal Queensland Show, aka ‘Ekka’, will be observed across large parts of the South-East Queensland region in the week beginning 12 August. Brisbane City Council area will observe a public holiday on Wednesday, 14 August 2019, whilst regions including Logan, Moreton Bay, Redlands and as far north as Bundaberg and Gladstone will observe a public holiday on Monday, 12 August 2019.
Continue reading “Upcoming Queensland Public Holidays for 2019”4 Yearly Review of Modern Awards: Progress Update
The 4 Yearly Review of Modern Awards continues before the Fair Work Commission (FWC) though there has been little activity of note to commence 2019. After a swathe of amendments – including unpaid family & domestic violence leave and casual conversion – were pushed through in the second half of 2018, the first half of this year has yielded little more than some “plain language” re-drafting of the redundancy clause in a number of modern awards. This is despite FWC President, Justice Iain Ross, indicating over a year ago that he was “reasonably confident” the review process (which commenced in 2014) would be largely completed by the end of 2018 with a “substantial majority” of the new instruments expected to come into force in the first quarter of 2019.
Continue reading “4 Yearly Review of Modern Awards: Progress Update”Thousands in compensation for “unnecessarily callous”, “disgraceful” dismissals by text
Two recent decisions of the Fair Work Commission (FWC) have reiterated the importance of avoiding termination by any other means than face-to-face, with the sacked workers in both instances being awarded compensation for their dismissals described as “repugnant” and “grossly unfair”.
Continue reading “Thousands in compensation for “unnecessarily callous”, “disgraceful” dismissals by text”Dead Roo dismissal bites Employer
The Fair Work Commission has awarded a delivery driver over $17,000 in compensation, finding his dismissal for hitting a dead kangaroo whilst allegedly speeding was disproportionate to his conduct and subsequently unfair.
Continue reading “Dead Roo dismissal bites Employer”Brisbane Restaurant pays heavy price for General Protections breach
An employee, who’s service fell shy of three months employment, has been awarded a whopping payout, amounting to tens of thousands of dollars, for her dismissal which was found to breach the general protections provisions of the Fair Work Act 2009 (Cth). The manner of the dismissal was held to be particularly humiliating, given her employer’s suggestion she had been ungrateful for having been employed “notwithstanding her disability”.
Continue reading “Brisbane Restaurant pays heavy price for General Protections breach”Stranded in Alice – Rail Worker Sacked After Refusing to Board Train
A rail worker whose refusal to board a train left him stranded in Alice Springs and ultimately led to his sacking has had his unfair dismissal claim determined by the Fair Work Commission.
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Pelican Feeder Wins Job Back
A professional pelican feeder has won his job back after the Fair Work Commission (FWC) found his dismissal was unfair.
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