Австралия. Отпуск по уходу(присмотру) за членом семьи (пример спора)

Home | About Us What qualifies as an “unexpected  emergency” for carer’s leave purposes? Monday, 22nd September 2014, by Loran McDougall In today's Workplace Bulletin: Case Law: What qualifies as an “unexpected emergency” for carer’s leave purposes? Dear Reader, Carer’s leave is paid or unpaid leave given to an employee because they need to provide care and support to a member of their immediate family or a member of their household because: the family or household member has a personal illness or injury; or the family or household member is affected by an unexpected emergency. Who qualifies as a member of an employee’s immediate family or household for the purposes of carer’s leave is clearly set out. Family and household members include: children; parents; grandparents; grandchildren; siblings; spouses or former spouses; and de facto partners or former de facto partners. Not so clear is what qualifies as an “unexpected emergency”. In today’s bulletin, Charles Power will look at a Fair Work Commission finding that helps to clarify this. Until next time, Loran McDougall Editor Workplace Bulletin ....................................................................................Advertisement...................................................................................... How to get immediate access to 17 practical checklists that will help you manage the performance of your employees effectively and fairly. Click here to learn more... Case Law: What qualifies as an “unexpected emergency” for carer’s leave purposes? by Charles Power Editor-in-Chief, Employment Law Practical Handbook Late last year, the Fair Work Commission (FWC) resolved a dispute between an employer and an employee with a 14-year-old son. The employee and her husband were both fly-in fly-out employees who worked the same 7-day roster, including during the school holidays. The employee usually arranged for her son to be looked after by his grandparents during holidays but, on this occasion, the grandparents were away travelling. The employee made alternative arrangements for a friend to look after her son. Four days before the employee was due to fly out from Cairns, the friend unexpectedly had to leave Cairns to look after a family member who had been hospitalised. The employee had no one else who could care for her son and so remained at home with him, claiming carer’s leave for doing so. The employer’s enterprise agreement contained a similar clause to that in the National Employment Standards – that personal/carer’s leave can be taken by employees if they need to care for immediate family members due to an “unexpected emergency affecting the member”. However, the employer did not believe that the friend’s unavailability constituted an emergency because it did not “affect” the employee’s son. As such, the employer refused the request for carer’s leave and instead required the employee to take annual leave. The FWC disagreed with the employer, finding that: the clause “unexpected emergency affecting the member” encompassed an emergency affecting the caretaker, because it was the child who was left without care; the employee had taken all reasonable steps to find care for her son; and the employee had since changed her roster so that she and her husband no longer worked the same shifts. Regards, Charles Power Editor-in-Chief Employment Law Practical Handbook Like the Workplace Bulletin? Check out our other free bulletins: Health & Safety BulletinAll the latest tips, tools and strategies you need to help you stay on top of health and safety laws. Click here to sign up now. Self–Managed Super Fund Bulletin Receive all the information, ideas and tips you need to manage your own super fund. Click here to sign up now. Please whitelist the Workplace Bulletin to make sure you get every edition delivered to your inbox. The information in this email is intended solely for the addressee. Access to this email by anyone else is unauthorised. If you are not the intended recipient, please return the message to the sender and delete it from your records. All content is © 2007-2013 Portner Press Pty Ltd All Rights Reserved. Disclaimer: We research our recommendations and articles thoroughly, but disclaim all liability for any inaccuracies or omissions found in our publications. Click here to view our Privacy Policy and Terms and Conditions. Queries: For general enquiries, email cs@portnerpress.com.au or call 1300 782 911. Workplace Helpdesk: Paid subscribers to the Employment Law Handbook can ask our experts for advice. Syndication: To republish a Workplace Bulletin article, please email cs@portnerpress.com.au for information. Workplace Bulletin ISSN 1836-117X Portner Press Pty Ltd 96-98 Bridport Street Albert Park VIC 3206 Australia