An employee’s entitlement to ‘sick leave’ known as personal leave is contained in section 96 of the Fair Work Act 2009 (Cth) (FW Act) which proscribes 10 days of paid personal leave which accrues progressively through the year in accordance to the employee’s ordinary hours of work and accumulates from year to year.
Under the National Employment Standards (NES) at section 87 of Fair Work Act 2009 (FW Act), employees with the exception of casuals are entitled to paid annual leave.
Company & Director Ordered to Pay Over $260,000.00 in Damages For Sexually Harassing Former Employee
A former employee of a small jewellery store was awarded more than $260,000.00 in damages by Justice Katzmann of the Federal Court of Australia after it was found by her Honor that the employee was sexually harassed during her employment
Time off in Lieu which is commonly referred to as ‘TOIL’ is an employee entitlement to take time off from work in substitute for being paid overtime for any additional hours an employee has worked outside of their ordinary hours of work.
Court Services Victoria (CSV) recently pleaded guilty for breaching section 21(1) of the Occupation Health and Safety Act 2004 (Vic) for failing to provide and maintain a working environment that is safe and without risks to health where it was alleged that the toxic workplace culture of CSV contributed to an employee suicide.
Whether an employee on a workers compensation claim accrues annual leave entitlements will be dependant on the relevant State’s workers compensation legislation.
Often in employment law the question arises as to whether a director falls within the definition of ’employee’ for purposes of the Fair Work Act 2009 (Cth).
One of the final amendments to the Fair Work Act 2009 made under the Fair Work Legislation Amendment (Protecting Workers Entitlements) Bill 2023 which will incorporate employee superannuation contributions into the National Employment Standards found within division 2 of the FW Act will be in force from 1 January 2024.
The new requirements for fixed-term employment introduced by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) will be commencing on 6 December 2023.
The Victorian Building Authority (VBA) has been charged by WorkSafe Victoria under the Occupational Health and Safety Act 2004 (Vic) (OHS Act) after one of VBA’s inspectors took their own life in May 2022.
A jurisdictional objection to an unfair dismissal claim made to the Fair Work Commission has been upheld by Deputy President Anderson where a security guard officer’s employment came to an end after failing to attend shifts while imprisoned.
JBS Australia Pty Ltd (JBS) was found to have contravened its health and safety duties under the Model Work Health and Safety Act when an employee was crushed by 2 falling Haybales while she was completing a moisture check.
Recently, we have had multiple enquiries from small business owners into the legalities of terminating a long-term contract with the workplace advice provider Employsure.
The dismissal of an employee of Coca-Cola Euro Pacific Partners Australia Pty Ltd for repeated speeding in a company vehicle was upheld as a valid dismissal by the Fair Work Commission.
The Fair Work Commission has upheld the dismissal of an employee for workplace sexual harassment and a failure to communicate respectfully with employees.
The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 was introduced into Federal Parliament on 4 September 2023.