Business Interruption Insurance – COVID-19 Test Case creates opportunity for loss recovery

The outbreak of the COVID-19 pandemic in Australia and overseas has had a hugely damaging economic effect on the business community. Many of these businesses hold Business Interruption (BI) insurance and may have either had claims declined or not pursued them on advice that the policy did not respond. Alternatively, they may not have considered …

What is a day? High Court Delivers Landmark Decision on Personal Leave Entitlements

In a significant decision, the High Court of Australia has clarified the method of calculating an employee’s entitlement to paid personal/ carer’s leave under the Fair Work legislation.  On 13 August 2020 the High Court of Australia handed down its decision in Mondelez Australia Pty Ltd v AMWU & Ors [2020] HCA 29.  Importantly, the …

Casual approach causes major headache: WorkPac v Rossato

In a unanimous, but 272 page, judgment, the Full Court of the Federal Court has shattered what many employers had considered to be the standard position about engaging casual employees.  An appeal is all but certain. However, as it stands, employers with a casual workforce face an unprecedented risk of employees claiming back-pay, and potentially penalties, …

Workers not entitled to use paid sick leave during stand down

In a significant decision, the Federal Court has determined that Qantas Airways does not need to allow its stood down workers access to paid personal/carer’s leave or compassionate leave during the period of stand down.  The decision by Justice Flick clarifies the obligations of employers and the rights of thousands of other stood down workers …

JobKeeper payments: wage relief and support for businesses

[vc_row][vc_column][vc_column_text]The Australian Government is offering wage subsidies to help employers retain their employees during the COVID-19 pandemic, and keep employees engaged until the inevitable rebound. Wage relief Eligible businesses (including not-for-profits) who elect to participate in the scheme can expect a wage subsidy of $1,500 per fortnight per eligible employee. The JobKeeper payment is a …