Ms Heraud went on maternity leave in September 2013. She was due to return to her role in a senior position in July 2014. Meanwhile, Roy Morgan had a revenue downturn leading to a restructure of its operations, causing Ms Heraud’s role to be made redundant.
Not so long ago, there was a clear line between work and play – between conduct at work and employees’ private lives, with the latter being none of the employer’s business.
The recent unfair dismissal case of Michael Treen v Adelaide Services Alliance T/A Allwater JV  FWC 2737 (Treen) highlights the need for employers to be consistent in their disciplinary action.
In the recent case of Heraud v Roy Morgan Research Ltd  FCCA 185, the Federal Circuit Court of Australia (FCCA) found that Roy Morgan Research Ltd (RMR) contravened provisions of the Fair Work Act (FW Act) by refusing an employee’s request for flexible working hours and making her redundant while she was on maternity leave.
A recent study1 of 97 public and private sector employers in Australia found that 40% of all personal leave was taken on Mondays, which is double any other day. 45% of employers surveyed believed that employees were absent on personal leave because they were “chucking a sickie”.