Comments on: Accrued leave must be paid out on day of employees’ termination, Federal Court finds https://www.hrmonline.com.au/section/legal/accrued-leave-termination-federal-court/ Your HR news site Wed, 22 May 2024 00:56:20 +0000 hourly 1 https://wordpress.org/?v=6.5.5 By: Kate Neilson https://www.hrmonline.com.au/section/legal/accrued-leave-termination-federal-court/#comment-123510 Wed, 22 May 2024 00:56:20 +0000 https://www.hrmonline.com.au/?p=15308#comment-123510 In reply to Kate K.

Thanks for your comment. What the author is saying is that there is a distinction between existing legislation which is put in place and can only be changed by the government and case law which interprets legislation and is subject to change based on appeal. While there is no direct provision in the Fair Work Act governing the payment of annual leave on termination, this recent Court case has set a legal precedent that payments now must be made on the day of termination.

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By: Kate K https://www.hrmonline.com.au/section/legal/accrued-leave-termination-federal-court/#comment-123509 Tue, 21 May 2024 06:39:56 +0000 https://www.hrmonline.com.au/?p=15308#comment-123509 This is incredibly confusing with paragraphs 2 and 3 offering contradictory information. Are employers required to pay unused annual leave on the termination date by law? If not, how can employers be ‘in trouble’ for not paying on the termination date but paying within the monthly requirement?

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