Archive | Employer

Key Takeaways from Wipro v State of NSW: Long Service Leave and Out-of-State Work Experience

The recent NSW Court of Appeal decision in Wipro Limited v State of NSW has departed from the longstanding interpretation of the Long Service Leave Act 1955 (NSW). The Background The employee in this case the applicant sought to claim long service leave pay after working for 11 years at Indian IT corporation, Wipro. He worked at Wipro’s Indian […]

Chief of Staff’s Bid to Keep Job + Unreasonable Hours

On 3 February 2023, the Federal Court (“the Court”) heard a bid by Teal MP Dr. Monique Ryan’s chief of staff, Sally Rugg to keep her job until it finishes dealing with her claims that the Federal Government sacked her for refusing to work unreasonable extra hours and subjected her to “hostile conduct”.   Background  The […]

FWC Addresses Overtime Loophole

The Fair Work Commission (“FWC”) has proposed changes to the modern award covering IT professionals, engineers, scientists, gaming sector employees due to underpayment of overtime entitlements and excessive litigation associated with the same. The Association of Professional Engineers Scientists and Managers Australia (“APESMA”) have expressed concern over unrecorded overtime work for employees covered by the […]

No Reasonable Basis for Refusing Flexibility Bid 

The Fair Work Commission (“FWC”) has recently found that Ambulance Victoria (“the Employer”) lacked reasonable grounds for rejecting a paramedic’s flexibility request to work ‘bespoke’ night shifts so she could care for her three young children.   Background Natasha Fyfe (“the Applicant”) is a young mum with three children and also an experienced Advance Life Support […]

Employee compensated for unfair dismissal due to Employer’s ‘uncertain’ Working from Home procedures

Introduction In light of the global pandemic and more employers adapting to a work from home approach, the need for clear policies, reporting lines and communication has never been so critical. Recent Fair Work Commission decision, discusses the harsh, unjust and unreasonable dismissal wherein the Applicant was awarded compensation due to a lack of transparency […]

New recommendations from Respect@Work Report now legally require Employers to protect Employees from workplace sexual harassment

Introduction Employers are now legally obligated to take ‘reasonable and proportionate measures’ to prevent workplace sexual harassment under new legislation introduced by the Labor Government. The new legislation is being implemented according to recommendations made by the Sex Discrimination Commissioner, Kate Jenkins’, Respect@Work report (“the Report”). Background The Report published in March 2020 revealed that 1 in […]