| Constructive Dismissal |
| What is ‘constructive dismissal’ and when will it apply? For a ‘constructive dismissal’ to apply there must actually be a ‘dismissal.’ A person has been ‘dismissed’ if their employment was terminated at the initiative of the employer; or the person was forced to resign because of conduct engaged in by their employer.[1] ‘Constructive... |
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| Employment Services Australia Pty Ltd v Poniatowska [2010] FCAFC 92 |
| Facts: Employment Services Australia (“ESA”) appealed a 2009 Federal Court decision that found a previous employee, Ms Poniatowska, was the victim of sexual harassment and discrimination. The appeal was dismissed and Ms Poniatowska was awarded $466,000 in addition to legal costs. Ms Poniatowska had made allegations against two former fellow employees. Allegation One The first... |
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| Increase in the high income threshold under the Fair Work Act 2009 |
| The high income threshold under the Fair Work Act 2009 (Cth) has increased from $108,300.00 to $113,800.00. The increase in the high income threshold is relevant in the following ways: If no modern award or enterprise agreement covers an employee’s position, any employees whose earnings fall in the range between $108,300.00 (the previous high income threshold) and $113,800.00... |
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| Paid parental leave developments |
| The federal government has introduced the Paid Parental Leave Bill 2010 into Parliament, with the first reading in the House of Representatives on Wednesday 12 May 2010. The purpose of the Bill is to introduce a government-funded paid parental leave scheme, commencing 1 January 2011. Meanwhile, the opposition is promising to introduce 6 months’ paid parental leave, at full pay (up... |
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