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Unsweet outcome for Mondelez: Full Federal Court clarifies calculation of personal/carer’s leave under the NES

Labour & Employment

Unsweet outcome for Mondelez: Full Federal Court clarifies calculation of personal/carer’s leave under the NES

A Full Court of the Federal Court handed down a landmark decision relating to the meaning of “10 days of paid personal/carer’s leave” in s 96(1) of the...

22 August 2019

ASIC v Vocation

On 31 May 2019, Justice Nicholas handed down his judgement in Australian Securities and Investments Commission v Vocation Limited (in liquidation) [2019] FCA 807.

04 July 2019
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New whistleblower laws finally become reality

The Federal Parliament has passed the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018 (Bill) to amend Australia’s corporate whistleblower regime.

28 February 2019

Are you really “off duty”?

The ability of an employer to dismiss employees for behaviour outside of working hours has once again been considered by a Full Bench of the Fair Work Commission.

21 December 2018
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Labour hire company takes the hit for host employer’s unfair dismissal

It will be no defence that a labour hire company was following the direction of another entity, even if the action is supported by an employment agreement.

21 December 2018
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When overtime is no longer reasonable

Employers should ensure that when exercising an entitlement to require employees to perform additional hours of work, they comply with the terms of that entitlement.

21 December 2018
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Costly mistake: employer pays sizeable compensation after relying on sloppy investigation

An employer was forced to pay close to the maximum compensation for dismissing an employee for reasons that were based on an inadequate investigation and incorrect characterisation of...

21 December 2018
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Foul mouthed union worker found unfairly dismissed

Employers should maintain consistent disciplinary outcomes for similar conduct across its workforce to minimise exposure to unfair dismissal proceedings.

21 December 2018
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It's not over 'til the employer says it's over

An employee’s mistaken belief that their employment had been terminated could not transform the resulting termination of employment into one that occurred at the initiative of their employer.

21 December 2018
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Just a bit of banter? When employee comments warrant a warning

As a general rule, the Fair Work Commission will not interfere with an employer’s right to manage its own business, including a warning issued to an employee for...

21 December 2018
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Caught out by the FWO: unpaid parental leave and false documents

The Federal Circuit Court of Australia imposed significant penalties on an employer for failing to pay an employee parental leave and providing false documents to the Fair Work...

Dismissal for sleeping on the job and refusing to engage in subsequent investigation upheld

The Fair Work Commission has uphold a dismissal where an employee repeatedly refused to respond to serious allegations despite being reasonably directed to do so.

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