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contractual entitlements Archives - MDC Legal

Sick & carer's leave

Federal Court Rules In Major Personal/Carer’s Leave Dispute

Posted by | contractual entitlements, leave entitlements | No Comments

By Renae Harg, Senior Associate and Madeleine Brown, Associate

Federal Court Rules in Major Personal/Carer’s Leave Dispute

In Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) [2019] FCAFC 138 the Full Court of the Federal Court clarified how paid personal/carer’s leave (also commonly known as sick leave and carer’s leave) entitlements should be paid and accrued.

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long term casual employee rights

Casual employment rights – what you need to know to avoid costly dilemmas

Posted by | casual staff, complaince, contractual entitlements, Doing Business in Australia | No Comments

By Mark Cox, Director and Lauren Wright, Lawyer

Employer required to pay thousands in compensation to casual employee

A recent decision handed down by the Full Court of the Federal Court of Australia has resulted in heated discussion regarding long term casual employee rights. In WorkPac v Skene, despite being termed a ‘casual employee’ by his employer WorkPac,  Mr Skene was found to be a permanent employee and awarded compensation (including interest) in lieu of annual leave entitlements. Read More

Santa or Scrooge: Employee Bonuses and Gifts

Posted by | Christmas Bonus, contractual entitlements, Policies and Procedures | No Comments

By Nikita Barsby, Special Counsel and Gemma Little, Associate 

As the year draws to a close, employers may choose to give employees bonuses, gift cards or something similar, usually as a way of recognising the past year’s work and achievements.  While this practice is often positive in that it can increase morale and motivation, employers should ensure appropriate policies and procedures are in place to prevent well-meaning gifts from becoming gremlins.

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Contractor arrangements subject to continued scrutiny as Foodora rider found to be an employee

Posted by | Contracts, contractual entitlements, Doing Business in Australia, independent contractor, sub contractor, unfair dismissal | No Comments

By Nikita Barsby, Special Counsel and Gemma Little, Lawyer 

In the recent decision of Joshua Klooger v Foodora Australia Pty Ltd [2018] FWC 6836, the Fair Work Commission held that a Foodora rider who was engaged as an independent contractor was in fact an employee and, therefore, eligible to bring an unfair dismissal claim.

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Keeping it casual: Casual employee entitled to annual leave

Posted by | complaince, Contracts, contractual entitlements, HR Advice & Support, leave entitlements, modern award | No Comments

By Renae Harg, Senior Associate and Lauren Wright, Lawyer 

WorkPac Pty Ltd v Skene [2018] FCAFC 131

The Full Court of the Federal Court of Australia has rejected WorkPac’s argument that the “industrial meaning” of the term “casual employee” has been incorporated into the Fair Work Act 2009 (Cth) (the Act) for the purpose of the National Employment Standards (NES).

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Are you being underpaid? Are you underpaying your staff?

Posted by | Articles, complaince, Contracts, contractual entitlements, HR Advice & Support, modern award | No Comments

By Nikita Barsby, Special Counsel and Lauren Wright, Lawyer

The Fair Work Ombudsman (FWO) recently conducted an audit of businesses throughout the eastern states of Australia which found that 72% of the businesses had breached workplace laws.[1] The audit resulted in the recovery of $471,904 for 616 workers across the 234 businesses audited. The most common breach was an underpayment of hourly rates, followed by non-existent or inadequate employment records.

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Directing an employee to attend an independent medical assessment

Posted by | contractual entitlements, Dispute Resolution & Advocacy, HR Advice & Support, leave entitlements | No Comments

By Mark Cox, Director, Gemma Little, Associate and Lauren Wright, Lawyer

The winter months often bring an increase in employees’ use of personal leave, primarily due to illness. An employee’s brief and temporary absence, whether due to illness or even injury, supported by adequate medical evidence, can usually be managed by the employer without issue.

However, difficulty and uncertainty arise where an employee takes extended personal leave with medical evidence that has little or no detail on the illness or injury suffered, or which offers no foreseeable return to work date. An employee’s extended absence can pose significant issues for the management and operation of a business. Navigating this situation can become increasingly complex if an employee has taken personal leave in response to a disciplinary or performance management process.

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