Employee Entitlements

September 25, 2019

EMPLOYMENT UPDATE
The Dawn Of A New “Day” – Recent Full Federal Court Decision Shakes Up the Meaning and Accrual of Personal/Carer’s Leave Entitlements

Archive Carer's leave, Employee Entitlements, Personal Leave

This month we look at a recent Full Federal Court decision which is likely to have significant impacts on the accrual and taking of personal/carer’s leave. We explain how this decision affects employers and outline the steps you should take to ensure you are managing your employee entitlements correctly. Quick refresher – The entitlement to […]

November 16, 2018

ALERT!
Changes to modern awards – commenced 1 November 2018

Awards and Employee Entitlements Adverse Action, Employee Entitlements, Fair Work Commission, Fair Work Ombudsman, FWC, General Protections Claim, Termination, Unfair Dismissal

As part of its 4-yearly review, the Fair Work Commission has made changes to a number of modern awards. The changes are in relation to payment of wages on termination of employment as well as plain language re-drafting of several standard clauses. The changes take effect from the start of the first full pay period […]

November 14, 2018

EMPLOYMENT UPDATE
New International OHS Standard Published and Federal Court to Consider ‘CASUAL LEAVE’ Issue Again

Awards and Employee Entitlements, Policies and Procedures, Workplace Health & Safety Adverse Action, Bullying, Contract of Employment, Discrimination, Dismissal, Employee Entitlements, Employer fined, Employment Contract, Employment Law, Fair Work Act 2009, Fair Work Ombudsman, Workplace Hazards, Workplace Injury, Workplace Policies, Workplace Safety

This month we look at the new international OHS standard published by Standards Australia. We also discuss the current ‘casual leave’ issue that is set to be considered again by the Federal Court, with a number of parties intervening in a new case brought by Workpac. New OHS standard published The world’s first international OHS […]

May 30, 2018

EMPLOYMENT UPDATE
Recent employment law decisions provide timely guidance for employers

Awards and Employee Entitlements, Misconduct, Policies and Procedures, Termination of Employment, Underpayment Claims, Unfair Dismissal, Workplace Health & Safety Dismissal, Employee Entitlements, Employer fined, Fair Work Commission, Pregnancy, Safety Breach, Social Media, Unfair Dismissal Application, Workplace Safety

This month we look at two recent decisions in the employment law space. The first decision relates to an employer’s decision to terminate an employee for breaching a cardinal safety rule. The second decision relates to the reprehensible conduct of an employer who failed to pass on an employee’s paid parental leave entitlement. Use of […]

April 21, 2016

Recommendations made to 7-Eleven following underpayments

Archive Employee Entitlements, Franchises, Underpayment

The Fair Work Ombudsman has made a number of statements over the last 6 months relating to the prosecution of 7-Eleven franchisees. October 2015 Statement In a statement made in October 2015, the Fair Work Ombudsman noted that in the past 6 years, the FWO had recovered more than $600,000 in unpaid entitlements on behalf […]

September 30, 2015

Game. Set. Match for ‘tennis tragic’s’ unfair dismissal claim

Archive Annual Leave, Employee Entitlements, Termination

A self-confessed tennis tragic has failed in her unfair dismissal application, after her employment was terminated when she attended the Australian Open in January. As the employee had exhausted all her annual leave entitlements as recently as September 2014, she applied for leave from 22 December to 2 January. Paid leave was approved until 31 […]

March 26, 2015

Former directors liable for unpaid entitlements

Archive Adverse Action, Compensation, Employee Entitlements, Notice of Termination, Pheonix Arrangement

The Federal Circuit Court has recently awarded compensation to a dismissed employee who had worked for four separate but related entities over the course of 8 years. Two of the companies had been deregistered at the time of the employee’s dismissal, while a third was in liquidation. This arrangement was alleged by the employee to […]

July 12, 2014

Lessons from restraint of trade clauses

Archive Contracts, Employee Entitlements, Restraint Clause

There have been a number of cases moving through State courts where parties have tried to enforce restraint clauses against former and even prospective employees. These cases provide some important lessons to employers who are seeking to enforce restraint clauses. Network Ten Pty Ltd v Seven Network (Operations) Ltd In this high profile case before […]