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Length of employee ‘service’ may include unpaid leave, rules FWA

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HC Online | 16 Apr 2012, 12:00 AM Agree 0
A new judgement has wide-ranging implications on what Fair Work Australia will consider the ‘length of service’ in unfair dismissal hearings.
  • Patrick McInerney | 16 Apr 2012, 03:17 PM Agree 0
    One imagines this would have implications for other periods where employees are on some form of leave which currently may not count as service - what about Government Paid Parental leave? Or service with the Reserve Forces, where the civilian employer tops up their employee's military salary?
  • Michael | 16 Apr 2012, 03:46 PM Agree 0
    The status of the employee was 'casual" surely then if the employer has no work assignments they can lawfully terminate the employee
  • Maureen | 17 Apr 2012, 09:57 AM Agree 0
    Remember that when someone is on Workers' Comp their absence is "caused" by something that happened in the workplace. Why should an employee be penalised by losing service when they are off work through no "fault" of their own but rather by the "fault" of the employer.

    This case is similar to the ruling of Hills under the Workplace Relations Act that said being on Workers' comp should be treated as if the employee was on paid sick leave (for dismissal purposes)
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