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How does unpaid leave affect accrual of entitlements?

When employees take unpaid leave, how does it affect accrual of entitlements such as annual leave and long service leave?

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Can an employee resign while on sick leave?

Is a notice period extended if  someone resigns while they are on sick leave?

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Bid to slash redundancy pay fails

A tribunal has rejected an employer's bid to avoid paying redundancy pay after finding it didn't offer a worker 'other acceptable employment'.

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Did manager's hurtful comments trigger resignation?

Did an employee resign on her own initiative or was she left with no choice after a manager commented on her weight and her facial piercings? What did the Fair Work Commission say?

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Employer loses case over minimum employment period

How do you work out whether a worker’s employment period qualifies them for protection against unfair dismissal? Check out the FWC’s decision where this was the focus of an unfair dismissal claim.

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Positive drug test doesn’t always justify dismissal

The Fair Work Commission ruled that a positive drug test doesn’t automatically justify dismissal, highlighting that each case must consider all circumstances, including potential impairment risks and employee history.

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Employer and labour-hire firm fined for ageism

The Federal Court has fined a labour supplier and a contractor after ruling they took adverse action against a 70-year old grader operator by refusing to employ him because of his age. The labour-hire firm was fined more than twice as much as the employer. Read how the court reached its decision.

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Rushed process made dismissal for sexual harassment unfair: FWC

After a worker’s unacceptable behaviour got him sacked, the Fair Work Commission found the inadequate process rendered his dismissal unfair, but that the employer could no longer trust the worker.

Legal

If your business is looking for legal advice concerning any workplace or employment law issue, Australian Business Lawyers & Advisors (ABLA) are here to help. The award-winning team are experts in workplace, employment, industrial relations, workplace investigations and work health and safety law.

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Redundancy checklists for employers and employees

Implementing redundancies is difficult and stressful. These checklists will help ensure you follow a fair process.