Employment Law Handbook

11/12/2025

BULLETIN: Recently, the Fair Work Commission was required to determine whether a paralegal had abandoned her employment or was dismissed.

Abandonment of employment describes a situation where an employee ceases to attend their place of employment without proper excuse or explanation. If the employee’s conduct is such as to convey to a reasonable person in the situation of the employer that the employee is unwilling or unable to subs...

07/12/2025

Q&A: Can a personal leave request be rejected when an employee doesn't give advance notice? Find the answer in the Employment Law Handbook.

https://www.employmentlawhandbook.com.au/question-and-answer/can-personal-leave-be-denied-where-notice-isnt-provided/

04/12/2025

BULLETIN: The Fair Work Commission recently had to consider whether an employee of a Saudi company, which was a subsidiary of an Australian company, was covered by the Fair Work Act 2009 (Cth).

The Fair Work Act 2009 (Cth) (FW Act) creates rights and obligations for national system employers. A national system employer includes a foreign corporation provided it has sufficient connection with Australia. That connection can be established so far as the company or its employees are concerned....

02/12/2025

CASE LAW: A company was fined $41,250, for its failure to comply with a compliance notice requiring it to rectify underpayments.

https://www.employmentlawhandbook.com.au/case-law/maximum-penalty-imposed-for-non-compliance-with-direction-to-rectify-underpayments/

28/11/2025

BULLETIN: The Victorian Government last week responded to a report by the Legislative Assembly Economy and Infrastructure Committee on workplace surveillance, and gave an indication of which recommendations in the report it is prepared to implement in legislation.

The Victorian Government last week responded to a report by the Legislative Assembly Economy and Infrastructure Committee on workplace surveillance, and gave an indication of which recommendations in the report it is prepared to implement in legislation. Of the 18 recommendations by the Committee, t...

25/11/2025

Q&A: If an employee doesn’t return to work their full notice period, can the pay for this period be withheld? Find out in the Employment Law Handbook.

https://www.employmentlawhandbook.com.au/question-and-answer/can-we-withhold-notice-pay-if-an-employee-refuses-to-work-their-notice-period/

21/11/2025

BULLETIN: In a recent unfair dismissal case, the Fair Work Commission had to determine whether an employee was covered by the Commercial Sales Award 2020 or Miscellaneous Award 2020.

When determining whether or not an employee is covered by a particular award, you examine the nature of the work and the circumstances in which the employee is employed to do the work, and ask, ‘what is the principal purpose for which the employee is employed’? This question is not

20/11/2025

CASE LAW: The Fair Work Commission was required to resolve a dispute over a
rejected flexible work arrangement request made by an employee on grounds of caring responsibilities.

https://www.employmentlawhandbook.com.au/case-law/fwc-illuminates-right-to-request-flexible-work-arrangement/

14/11/2025

BULLETIN: From 7 November 2025, an employer cannot refuse or cancel any upcoming planned periods of paid parental leave if their employee’s child is stillborn or dies during the first 24 months of life unless an exception applies or the employee requests that the leave be cancelled.

Under both the Fair Work Act 2009 (Cth) (FW Act) and the Paid Parental Leave Act 2010 (Cth), an employee remains entitled to unpaid parental leave and government-funded parental leave pay if a child is stillborn or dies. From 7 November 2025, an employer cannot refuse or cancel any upcoming

10/11/2025

Q&A: Do annual leave entitlements continue to accrue during an absence on parental leave?

https://www.employmentlawhandbook.com.au/question-and-answer/does-annual-leave-accrue-during-parental-leave/

06/11/2025

BULLETIN: The Victorian Government has introduced a bill to restrict any contractual term or clause, including those embedded in settlement agreements or employment contracts, that has the purpose or effect of preventing a party from disclosing certain information about workplace sexual harassment, i.e. a non-disclosure agreement (NDA).

The Victorian Government has introduced a bill to restrict any contractual term or clause, including those embedded in settlement agreements or employment contracts, that has the purpose or effect of preventing a party from disclosing certain information about workplace sexual harassment, i.e. a non...

30/10/2025

BULLETIN: The Fair Work Commission recently dealt with a dispute between a bank employee and her employer over a request to work from home that was rejected for reasons including potential loss of productivity.

The Fair Work Commission (FWC) recently dealt with a dispute between a bank employee and her employer over a request to work from home that was rejected for reasons including potential loss of productivity. Under the Fair Work Act 2009 (Cth), an employer may refuse a request for a flexible