Transfer of business – transfer of entitlement

Fair Work Ombudsman v WKO Pty Ltd [2012] FCA 1129 (17 October 2012) When a child care worker claimed unpaid parental leave, her employer told her she wasn’t eligible, because she hadn’t worked for the centre for the requisite 12 months qualifying period. But her service with the centre of the previous owner was ‘continuous’ […]

Client poaching Planner made to pay

Clear Wealth Pty Ltd v Kwong (No 2) [2012] NSWSC 1233 (5 October 2012) Most restraint of trade clauses aren’t worth the paper they’re written on, but every now and then the courts support businesses who’ve worked hard to build a client base. In the NSW Supreme Court recently, a financial planner was made to […]

Sting in the Salary Package Tale

Davidson v Adecco Australia Pty Ltd T/A Adecco [2012] FWA 8393 (4 October 2012) A company thought it had packaged a salary for a manager high enough to avoid the unfair dismissal threshold, but Fair Work Australia found otherwise. The manager’s salary was constructed of a wage and a “travel allowance” and together these put […]

When is a redundancy not a redundancy?

Ball v Metro Trains Melbourne T/A Metro Trains [2012] FWA 7729 (11 September 2012) “In this case the Applicant’s position was redundant. However, it is not a genuine redundancy…”. These words are a direct quote from a recent Fair Work Australia decision.  On its surface, this seems like a ridiculous outcome: on the one hand […]

In Yer Face………Book

Linfox Australia Pty Ltd v Glen Stutsel [2012] FWAFB 7097 (3 October 2012) In a classic case of blame the victim decision-making, Fair Work Australia has upheld a decision to reinstate a worker who used Facebook to seriously denigrate and abuse his managers and his company. A full bench on appeal has effectively said that […]

NES Change

Keeping in touch The federal government has moved to allow “keeping in touch” days for employees on parental leave to attend work without losing their entitlement to parental leave under the National Employment Standards (NES). The way the NES is structured, employees must have their parental leave in one straight, unbroken stretch. Technically, if an […]

Keeping in touch

The federal government has moved to allow “keeping in touch” days for employees on parental leave to attend work without losing their entitlement to parental leave under the National Employment Standards (NES). The way the NES is structured, employees must have their parental leave in one straight, unbroken stretch. Technically, if an employee attends work […]

Signed, Sealed and Delivered? Not necessarily

B. Curtis v Darwin City Council [2012] FWAFB 8021 (17 September 2012) Just because a Deed of Release was not signed did not mean it was not a binding agreement, according to a recent Fair Work Australia full bench appeal decision. An employee of Darwin City Council lost her job after being diagnosed with epilepsy, […]