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 […]
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 […]
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 […]
Sec 130 of the Fair Work Act provides that NES leave does not accrue during a period when an employee is absent from work on workers compensation unless the taking or accruing of leave is permitted by “a compensation law.”
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