The following employment law cases have been reported:
Agreement to pay annual salary was not a “guarantee of annual earnings”
The Federal Court held that an employer should have paid untaken sick leave to 20 retrenched employees under a modern award because they did not meet the applicable statutory definition of “high income employee”.
Association of Professional Engineers, Scientists and Managers Australia v Peabody Energy Australia Coal Pty Ltd (2022) 74 AILR ¶103-603; [2022] FCA 945, 17 August 2022.
Unfair dismissal for breaching fatigue management rules
A delivery driver was unfairly dismissed for breaching fatigue management rules in circumstances where he was regularly required by his employer to drive more than the allowed hours per day.
Ogden v Prestia Holdings Pty Ltd (2022) 74 AILR ¶103-604; [2022] FWC 2234, 22 August 2022.
No reduction in redundancy pay where alternative work not acceptable
A grocery merchandising business’ application to reduce its redundancy obligations to a senior employee was dismissed on the basis that the alternative work offered was not acceptable.
Sales Link Australasia Pty Ltd v Macourt (2022) 74 AILR ¶103-605; [2022] FWC 2255, 25 August 2022.
Aboriginal Language Educator unfairly dismissed when public funding ended
An Aboriginal Language Educator was unfairly dismissed for reason of redundancy when he was given only one day’s notice of his dismissal via email.
Riley v NSW Aboriginal Education Consultative Group Incorporated ...
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