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28 February 2011

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1 February 2012

A WARNING TO EMPLOYERS WHO DISMISS EMPLOYEES ON SICK LEAVE

Section 352 of the Fair Work Act 2009 protects employees who are on sick leave due to illness or injuries prescribed by the Fair Work Regulations from being dismissed.

The case of Kavassilas v Migration Training Australia Pty Ltd [2012] FMCA 22 shows that an employer who dismisses an employee on sick leave is at risk of paying compensation and wages to that employee. Employers should seek legal advice prior to dismissing an employee and due to the short time frame in which employees have to lodge an unfair dismissal claim employees should seek legal advice immediately upon being dismissed.

 

3 January 2012

NEW WORK HEALTH & SAFETY LAWS

The Work Health and Safety Act 2011 (Cth) (the “WHS Act”) commenced on 1 January 2012. The WHS Act replaces the Occupational Health and Safety Act 1991.

Under the WHS Act, a person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not at risk from work performed as part of the business or undertaking.

A business or undertaking is required to advise Comcare immediately upon the occurrence of a notifiable incident.

All businesses should be familiar with the requirements of the WHS Act.

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