Carer’s leave for unexpected emergencies

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A company, not surprisingly, has lost an attempt to have an action by an employee for an unfair dismissal remedy thrown out at an interlocutory basis arguing that a premature birth and subsequent unexpected hospitalization for post natal complications did not constitute an “unexpected emergency” the employee under s.97(b)(ii) of the Fair Work Act even though the male employee had 4 young children to care for as a result, three of whom were pre-schoolers.

Johnston v MTGI Trust trading as Macquarie Technology Group (2014) FWC 7098 delivered on 24 October 2014