News

Unfair Dismissal extension granted for level of “genuine struggle” rarely seen

A former retail employee has won the right to pursue her unfair dismissal claim despite lodging it 36 days late, with Deputy President Lake of the Fair Work Commission concluding that the assistant store manager had faced a list of challenges in filing her application within time, acknowledging she experienced “true hardship, genuine struggle the likes of which I do not often see”.

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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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