The ‘Right to Disconnect’ has been widely publicised but what does it actually mean for employees and employers? What about staff who need to be “on call” outside normal working hours? What happens if an employer fails to respect the right to disconnect? The introduction of the right to disconnect marks a significant shift in…
Tag: Fair Work Act
Mondelez Update
In our November 2019 blog, we outlined the Full Court of the Federal Court of Australia’s decision on what amounted to a ‘day’ for paid personal/carer’s leave under section 96(1) of the Fair Work Act 2009 (Cth) (the FW Act). The Federal Court of Australia Decision The case concerned two employees who worked their contracted…
How long is a day?
The law is an occupation that deals primarily with language. Words have both an ordinary meaning, and a legal meaning. Lawyers and parties to litigation will often ask the courts to define the legal meaning of words, when the ordinary meaning is plainly obvious. While this may seem a waste of the court’s time and…
The Misuse and Abuse of the FWC’s Stop Bullying Order Applications
In a decision by the Fair Work Commission (the Commission), Deputy President Sams warned against Applicants’ improper use of stop bullying applications “as a deflection, or diversion, or even to overturn a justified disciplinary action”. The detrimental effects of workplace bullying on employees are well known and include decreased productivity, reduced well being, and increased…
To text or not to text? That is the question.
Technology has fundamentally altered the way in which we interact. Five billion people use text messages globally every day. Socially, it is one of our primary ways of interacting. Staggeringly, if you are dating someone born after 1984, there is a 53% chance that if that person ends your relationship, it will come to an…
Timely Reminders from the Fair Work Commission: The Five categories of employees with access to ‘flexibilty’
In a recent decision from the full bench of the Fair Work Commission, it was held that an employer lacked a reasonable basis for refusing an employee’s request for flexible work arrangements. The Employee, Detective Senior Constable Gary Emery, was 58-years-old, and nearing retirement. His request was to have additional rest days, as he moved…