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Recent Posts
- Workplace Bullying – remove it from its current legal and cultural designation as an OHS issue
- Managerial Duties were not an “add-on” and the Award does not Apply – FWA Full Bench say in Unfair Dismissal Claim Appeal
- Costs Awarded Against Applicant in Sexual Harassment and Discrimination Case
- Employer Escaped Liability in Sexual Harassment Case before NSW ADT
- When is Redundancy Pay NOT Payable?
Category Archives: Entitlements
When is Redundancy Pay NOT Payable?
Redundancy pay is generally notpayable under the National Employment Standards (‘the NES’) to any of the following: an employee whose period of continuous service with the employer is less than 12 months; an employee of a small business employer (a … Continue reading
Posted in Dismissal, Entitlements
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Service that Counts for Long Service Leave Purposes
Generally, all absences count towards the accrual of long service leave in NSW. However, certain interruptions are not to be taken into account when calculating the period of long service. These are: Parental leave, i.e. maternity leave, paternity leave, adoption … Continue reading
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What does “domestic or other pressing necessity” mean for long service leave purposes?
According to the NSW Long Service Leave Act (s 4(2)(a)(iii)), a worker who has completed at least five years of service with an employer and whose services are terminated by the worker on account of illness, incapacity or “domestic or … Continue reading
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Federal Court Upholds Adverse Action Finding Against Qantas
The full Federal Court has rejected a Qantas challenge to a Federal Magistrates Court decision that it coerced and took adverse action against an aircraft engineer who complained about being underpaid while on an overseas posting. The full court found … Continue reading
Posted in Entitlements, News
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Employers – When Can Monies be Deducted from Employee’s Wages?
This is a warning to employers to be careful when deducting monies from an employee’s wages, especially in the absence of any specific provision permitting such action under the applicable industrial instrument, federal or state legislation or the contract of … Continue reading
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Pizza Shop on the Gold Coast – Alleged Underpayment of $20,000 – Fair Work Ombudsman Prosecution
The Office of the Fair Work Ombudsman is prosecuting the operator of a Surfers Paradise pizza shop for allegedly underpaying 27 cooks, kitchen-hands, customer service attendants and delivery drivers almost $20,000. It is alleged the 27 Mondo Pizza staff were … Continue reading
Posted in Entitlements, News, Workplace Investigations
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Accrual of Leave Entitlements and Workers Compensation
The accrual of leave entitlements (such as, personal leave, long service leave, and annual leave), whilst receiving workers compensation payments is a matter which is dealt with by the National Employment Standards (‘NES’) in the Fair Work Act 2009 (Cth) (‘FWAct’). Section … Continue reading
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Fair Work Ombudsman Investigation – Unregistered Apprentice and Underpayment
A teenager, employed as a carpenter, was allegedly underpaid more than $8,000 by a construction company in Queensland, according to a further Fair Work Ombudsman prosecution. JDAC Pty Ltd (JDAC), the employer and construction company, allegedly paid the full-time carpenter apprentice rates … Continue reading
Posted in Entitlements, News, Workplace Investigations
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Long Service Leave Entitlement in NSW
The Long Service Leave Act 1955 Applies to all employees in NSW – full time, part time and casual, Entitlement – 2 months (8 2/3 weeks) after 10 years, 1 month (4 1/3 weeks) after each additional 5 years, Pro … Continue reading
Posted in Entitlements
