Absences from work

Can an employer dismiss an employee for being absent from work? Under the Fair Work Act regulations, it is unlawful for an employer to dismiss an employee for being temporarily absent from work due to temporary illness or injury unless the period of absence exceeds 3 months. Other unauthorized absences will be potential grounds for […]

Absenteeism; the cynical sickie

n years gone by, it was common for industrial instruments, particularly awards, to contain a provision to the effect that an employer was entitled to withhold payment to an employee for a public holiday taken by the employee if the employee was absent from the workplace on a working day before or after a public […]

Pull the other one; the fib about returning to work after parental leave

I am often advised by clients who are taking or have completed the taking of maternity leave (more properly called parental leave now under the Fair Work Act 2009), that they understand that at the completion of their leave they are entitled to return to work in their pre-parental leave position. This is too simplistic […]

Abandonment of employment; but will it still be on foot?

At common law, the abandonment of employment by an employees is regarded as repudiating the employment relationship. However the contract of employment will remain on foot until the wronged party (in this case the employer) accepts the repudiation which requires notice to the employee. The position is the same under the Fair Work Act, which […]