On 21 August 2019 the Federal Court of Australia (Mondelez v AMWU  FCAFC 138) delivered a landmark yet controversial judgement (Mondelez v AMWU 2019); in relation to ‘what is and how to calculate personal & carer’s leave (PCL) per the Fair Work Act 2009’.
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The employee must provide evidence to the employer that they were genuinely entitled to sick leave. Generally, a medical certificate is a legal document that should satisfy the employer of an employee’s inability to work. This doesn’t mean that an employer can’t question the validity of the medical certificate.
Staff who regularly take sick days without repercussions are likely to continue doing so – this will have a negative impact on other workers who may soon start to follow suit, or feel aggrieved because they are at work doing the right thing. There are several theories on best practice when it comes to dealing with absenteeism, but the key is for employers to show an interest.
Back in August this year (2018) we reported that the FWC had finalised and updated all industry and occupation Awards to include a new clause dealing with family and domestic violence leave provisions.
All Victorian employers, and employers of employees who work in Victoria, need to be aware of the significant changes to the Long Service Leave act which come into effect on 1 November 2018 (unless proclaimed earlier by the Victorian Government).
Last month we reported that the FWC had finalised the full set of model terms for domestic and family violence leave including eligibility, the full entitlements and notice and evidence requirements (view previous article here ).
Back in August this year (2018) we reported that the FWC
had finalised and updated all industry and occupation
Awards to include a new clause dealing with family and
Employers may need to temporarily close down their businesses for a range of different reasons, this is considered a shut down. Shut downs may occur because of refurbishments or during slow periods of the year, such as Christmas and New Year.
We have been receiving various telephone enquiries about employee requests for leave during the current NSW fire emergency. We will add some different Questions and the Answers we have been providing regarding these enquiries as a handy source of information.
- August 9, 2019 ·
In this article we will look at unfair dismissal for high income employees. Is there a cap on compensation they can seek? Can they still make unfair dismissal claims?
- August 7, 2019 ·
- May 30, 2019 ·
- April 23, 2019 ·
- April 9, 2019 ·
- March 27, 2019 ·
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