News

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.

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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.

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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.

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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”.

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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”.

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