BlandsLaw - Blog posts from Annual Leave
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The full bench of the Fair Work Commission recently confirmed that the annual leave provisions in modern awards will be amended to include a right for employers to direct employees to take annual leave if their annual leave accruals exceed eight weeks. The ruling comes as part of the four-yearly review of modern awards and will assist employers to manage and control the accrual of excessive leave by employees.

Excessive Annual Leave Provision

FWC confirmed its earlier view from June 2015, and the wording of the term, regarding the direction by an employer to take leave where an employee has accumulated more than eight weeks annual leave (10 weeks for shiftworkers).

The provision requires that the employer and employer first make a genuine attempt to agree upon steps to reduce the excessive leave accrual, before the employer can direct that leave be taken.

Where a direction to the employee is given, the requirements include that:

a)    The employee’s remaining accrued annual leave is not less than six weeks;

b)    The

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A recent unfair dismissal case has highlighted some interesting issues in relation to secondary employment.

In Jim Bril v Rex Australia Limited t/a K & K Glass [2015] FWC 884, the employee Mr Bril was a truck driver for K&K. Mr Bril undertook paid work for a customer of his employer while on a period of annual leave. The General Manager saw Mr Bril at the customer’s workshop while he was on annual leave and then upon Mr Bril’s return from leave he submitted what was held to be a forced resignation following a meeting with management. Mr Bril lodged an unfair dismissal application and was awarded just over $12,000 in compensation.

The initial question to be resolved was whether Mr Bril had voluntarily resigned or whether the actions of the employer had forced him to resign his employment and therefore amounted to a dismissal. On the evidence it was held that Mr Bril was dismissed as he was essentially given an ultimatum upon his return to work that he

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