News

Dismissal upheld for time fraud exposed by burn-outs in company vehicle

The Fair Work Commission has upheld the dismissal of an animal management officer after her prolonged and “extensive” time fraud was exposed, following the complaints of her neighbour that someone had been “hooning” (i.e. doing burn-outs) in the Council vehicle supplied to the employee, in their shared driveway during the early hours of a morning in August 2019.

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Review confirms unsurprisingly high use of JobKeeper flexibilities

A report recently tabled in Federal Parliament by IR Minister, Christian Porter, has identified approximately 75% of employers that participated in the JobKeeper wage subsidy scheme utilised temporary ‘flexibilities’, such as modified stand-downs, to keep their businesses afloat and maintain staff in employment during the peak of the pandemic.

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Common sense prevails – High Court settles crucial Personal Leave debate

Early in July, the appeal against the Full Court of the Federal Court of Australia’s August 2019 decision in Mondelez v AMWU & Ors [2019] FCAFC 138 was heard before the High Court of Australia. This morning, just shy of one year to the day the Federal Court issued the significant decision, the High Court has set aside the ruling.

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High Court Appeal heard on Personal Leave Test Case

UPDATE: The High Court handed down its decision in this matter on 13 August 2020 – catch-up in our related article here.

Most employers will likely recall that, in August last year, a Full Federal Court handed down a significant – and, for the most part, unexpected – decision, finding that the entitlement to “10 days of paid personal/carer’s leave” contained within the Fair Work Act 2009 (Cth) was to be interpreted as 10 “working days” for all permanent employees. According to the Federal Court, 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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