Pioneering thought — Sladen Legal

Jasmine O'Brien

Paid Family and Domestic Violence Leave Entitlement on the Radar

Paid Family and Domestic Violence Leave Entitlement on the Radar

The Full Bench of the Fair Work Commission (FWC) recently came to a provisional view that there should be a modern award entitlement to 10 days of paid family and domestic violence (FDV) leave. The Full Bench’s provisional view may be accessed here.

Sladen Snippet - Sweet victory for Mondelez after High Court rules on the meaning of ‘day’ for personal / carer’s leave

Sladen Snippet - Sweet victory for Mondelez after High Court rules on the meaning of ‘day’ for personal / carer’s leave

In a significant victory for Australian employers, the High Court has ruled in favour of Cadbury manufacturer Mondelez Australia Pty Ltd clarifying the meaning of the word “day” in the context of personal/carer’s leave entitlements under the Fair Work Act 2009 (Cth) (FW Act).

Employers can use JobKeeper to Offset Annual Leave Liabilities

Employers can use JobKeeper to Offset Annual Leave Liabilities

JobKeeper is not just a financial subsidy for qualifying employers. We previously wrote about the extraordinary powers that employers help get them to the other side of the COVID-19 pandemic (or at least until September when the JobKeeper scheme is scheduled to end).

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Can you make your employees download the COVIDSafe App?

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Can you make your employees download the COVIDSafe App?

Many businesses around the country are eagerly anticipating being able to trade again. For some employers, this has included encouraging employees and customers to download the Federal Government’s COVIDSafe App. Questions have risen around whether employers can require their employees to download the COVIDSafe App before returning to work.

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Unfair Dismissal Update - Is Long Service A Get Out Of Jail Free Card?

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Unfair Dismissal Update - Is Long Service A Get Out Of Jail Free Card?

The Full Bench of the Fair Work Commission (Commission) has issued a timely reminder that a lengthy period of service is not a “get out of jail free card” for an employee when challenging the fairness of their dismissal in BlueScope Steel Ltd v Habak [2019] FWCFB 5702.

Will employment laws change after the election?

Will employment laws change after the election?

A Federal Election is anticipated in the first half of this year. If current opinion polls are to be believed there is a real possibility that the Government will change, which is likely to result in industrial relations reform. 

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Sladen Snippet - Fair Work Commission holds that implying that a supervisor is overweight is a valid reason for dismissal.

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Sladen Snippet - Fair Work Commission holds that implying that a supervisor is overweight is a valid reason for dismissal.

Temperature regulation in the office can be a source of frustration for employees, with it being near impossible for the thermostat to maintain a temperature that suits everyone.

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Sladen Snippet - Employer lawfully terminates employee who was victim of domestic violence after going ‘above and beyond’ to assist

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Sladen Snippet - Employer lawfully terminates employee who was victim of domestic violence after going ‘above and beyond’ to assist

In a recent Fair Work Commission decision, Commissioner David Gregory held that Champions IGA lawfully terminated the employment of an employee who was subject to domestic violence.  

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Sladen Snippet - Amendment to National Employment Standards includes five days’ unpaid domestic violence leave

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Sladen Snippet - Amendment to National Employment Standards includes five days’ unpaid domestic violence leave

Unpaid family and domestic violence leave have been enshrined in Australian law, with almost all Australian employees now having access to five days’ unpaid family and domestic violence leave each year.

Sladen Snippet - Minimum wage increase of 3.5 per cent as of 1 July 2018

Sladen Snippet - Minimum wage increase of 3.5 per cent as of 1 July 2018

Today, the Expert Panel for annual wage reviews (Panel) of the Fair Work Commission (Commission) has held that it is appropriate to increase the modern award minimum wages by 3.5 per cent. The national minimum wage (NMW) will now be $719.20 per week (that is, $18.93 per hour). The determinations and order giving effect to the Panel’s decision will come into operation on 1 July 2018.

Uber Drivers Contractors for Now, but Deputy President Contemplates Changes to Test

Uber Drivers Contractors for Now, but Deputy President Contemplates Changes to Test

In a recent Fair Work Commission decision, Deputy President Val Gostencnik found that under Australian law, Uber drivers are independent contractors, and therefore ineligible for unfair dismissal protection.  However, DP Gostencnik commented that due to the increasing “gig economy”:

Fair Work Commission hands down Annual Wage Review Decision and Penalty Rates Transitional Arrangements Decision

Fair Work Commission hands down Annual Wage Review Decision and Penalty Rates Transitional Arrangements Decision

The Fair Work Commission (FWC) has just handed down 2 significant decisions, namely the Annual Wage Review decision and the rollout of the decision to reduce Sunday and Public Holiday penalty rates in select awards. These decisions will have implications for employers from 1 July 2017.