Annual Leave accrues while on WorkCover

Key points Precedent established in Victoria Injured workers now accrue annual leave while off work and receiving WorkCover weekly payments Potential for major cost implications for employers Retrospective claims could go back as far as 2009 The way it was For many years, the answer to the question of whether employees receiving workers compensation should […]

Leave loading payable on accrued leave at termination

Employers are obliged to pay employees their accrued but untaken annual leave on termination of employment at the rate the employee would have been paid had they taken annual leave during their employment, even if such a rate is higher than the employee’s base rate of pay. This interpretation will prevail over any terms to […]

Gardening leave; unfair dismissal or an employer’s right?

It is generally believed by employers that they have the right to send an employee on “gardening leave” either when the employee tenders notice of resignation or the employer provides notice of termination. There is a slightly different situation where the employer terminates an employment contract without notice and tenders in lieu a payment equivalent […]

Can notice of termination run concurrently with annual leave?

Can an employer may provide notice of termination of employment concurrently with a period of lawful leave. The answer is no. See Liquor, Hospitality and Miscellaneous Union and Another v Cuddles Management Pty Ltd (2009) FMCA 463, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Others v Silcar Pty […]

Implications of becoming incapacitated for work while on personal leave

What is the situation if an employee falls ill whilst on paid annual leave? S.89(2) of the Fair Work Act provides, as part of the National Employment Standards, (which as we know cannot be contracted out of) that if the period during which an employee takes paid annual leave includes a period of any other […]

2016 amendments to annual leave entitlements

2016 amendments to annual leave award provisionsDuring 2016 the Fair Work Commission amended all modern awards so that from 29 July they incorporate new provisions about annual leave entitlements including including:(a) a right for employers to direct employees to take annual leave if they have accruals exceeding eight weeks;(b) the ability for employees to take […]

Annual leave entitlements in Australia

As most employers and employees in Australia understand, accrued annual leave under the National Employment Standards of the Fair Work Act is to be taken “for a period agreed” and an employer must not unreasonably refuse to agree to a request by an employee to take paid annual leave; Fair Work Act 2009, s.88. Consequently […]