• Advertise
  • About us
  • Terms and Conditions
  • Contact us
Wednesday, May 13, 2026
Australian Times News
  • News
    • Weather
    • Sport
    • Technology
    • Business & Finance
      • Currency Zone
    • Lotto Results
      • The Lott
  • Lifestyle
    • Entertainment
    • Horoscopes
    • Health & Wellness
    • Recipes
  • Travel
  • Expat Life
  • Move to Australia
No Result
View All Result
  • News
    • Weather
    • Sport
    • Technology
    • Business & Finance
      • Currency Zone
    • Lotto Results
      • The Lott
  • Lifestyle
    • Entertainment
    • Horoscopes
    • Health & Wellness
    • Recipes
  • Travel
  • Expat Life
  • Move to Australia
No Result
View All Result
Australian Times News
No Result
View All Result
Home News

Employees who abuse carer’s leave must face the music, Fair Work finds

Warning that using personal/carer’s leave for anything other than the intended reason may well get you fired.

Mike Simpson by Mike Simpson
16-08-2021 03:00
in News
An employee was fairly dismissed for attended a concert by The Wiggles with his son while on personal/carer’s leave. Photo credit: Spasmsmash via Wikipedia

An employee was fairly dismissed for attended a concert by The Wiggles with his son while on personal/carer’s leave. Photo credit: Spasmsmash via Wikipedia

Attending a music concert given by a favourite band when you’re supposed to be on personal/carer’s leave is going to land you in hot water and likely lose you your job.

This is the warning from the Australian Payroll Association in the wake of a recent decision by the Fair Work Commission that the dismissal of an employee who took time off to ‘care for his ill son’ was fair and reasonable, given that he was instead photographed at a Wiggles concert.

According to the association, employees must ensure they do not abuse personal/carer’s leave entitlements, and using such entitlements for other reasons may provide grounds for dismissal.

The dismissed employee who brought an application before the Fair Work Commission challenging the action was, at the time, employed as a car detailer at a Toyota dealership in Yarrawonga in Victoria.

Employee said he needed to care for sick son

One day in June 2019, the applicant notified the employer (the respondent in the complaint) that he could not attend work as he needed to care for his ill son. He took one day of personal/carer’s leave.

Later that day, an image of the applicant and his son attending a Wiggles concert circulated on social media.

The employer confronted the employee with the image, and he eventually admitted to attending the concert. He stated that he did not believe the employer would grant him annual leave, so he opted to use personal/carer’s leave instead.

AlsoRead...

Svitla Systems

Svitla Systems acquires Australia’s Kiandra IT to expand Global Engineering Footprint and Accelerate AI-Driven delivery

11 May 2026
How Clevero is helping Australian Service Businesses compete with Enterprises on a Fraction of the Budget

How Clevero is helping Australian Service Businesses compete with Enterprises on a Fraction of the Budget

28 April 2026

The employer then dismissed the employee with one week’s pay in lieu of notice.

Under the National Employment Standards in the Fair Work Act 2009, an employee is entitled to 10 days of paid personal/carer’s leave each year. However, the Act provides that employees may only take paid personal/carer’s leave for a personal illness or injury, or to provide care or support to a member of their immediate family or household who experiences an illness, injury, or emergency.

False claim was misconduct for three reasons

Based on this, the Commission found that the employee’s conduct constituted a valid reason for his dismissal, commenting that the applicant “acknowledged his wrongdoing only when confronted with irrefutable proof”.

It held that the employee’s false claim amounted to misconduct for three reasons. Firstly, it was a breach of the applicant’s implied duty of good faith, which requires that employees refrain from any act that would likely damage the trust and confidence between themselves and their employer.

Secondly, the commission found that the employee sought to obtain a financial advantage by deception, by claiming payment based on a false assertion. Finally, the employee’s conduct was said to “assert a legitimate right to be absent from work when none in fact exists.”

Given these reasons, the commission was satisfied that the employer’s failure to provide the applicant with an opportunity to respond was insignificant. Ultimately, it held that his conduct in “deliberately misleading his employer was of sufficient gravity to warrant his dismissal.”

In its summation, the Payroll Association said: “Under the National Employment Standards, paid personal/carer’s leave may only be used for a personal injury or illness, or to care for an immediate family member’s injury or illness”.

Tags: dismissalFair Work AustraliaFair Work CommissionWorking conditions
DMCA.com Protection Status

SUBSCRIBE to our NEWSLETTER

[mc4wp_form id=”2384248″]

Don't Miss

Svitla Systems acquires Australia’s Kiandra IT to expand Global Engineering Footprint and Accelerate AI-Driven delivery

by Pauline Torongo
11 May 2026
Svitla Systems
Business & Finance

Acquisition marks Svitla’s entry into the Australian market and strengthens capabilities in low-code, Microsoft technologies, and enterprise software engineering.

Read moreDetails

Residential Healthcare Practices: Revolution or Evolution?

by Pauline Torongo
11 May 2026
Residential Healthcare Practices: Revolution or Evolution?
Lifestyle

President Bill Lutz’s "revolution" was born from his background in fine dining, which instilled a disciplined, customer-focused approach.

Read moreDetails

Medicana Health Group launches HPV vaccination campaign to support cervical cancer prevention

by Pauline Torongo
28 April 2026
Medicana Health Group launches HPV vaccination campaign to support cervical cancer prevention
Health & Wellness

The Türkiye-based healthcare group has introduced a new awareness campaign focused on HPV vaccination, regular check-ups and early detection, with...

Read moreDetails

How Clevero is helping Australian Service Businesses compete with Enterprises on a Fraction of the Budget

by Pauline Torongo
28 April 2026
How Clevero is helping Australian Service Businesses compete with Enterprises on a Fraction of the Budget
Business & Finance

By consolidating CRM, scheduling, workflow automation, invoicing, reporting, and client communications into a single platform, Clevero gives smaller operators the...

Read moreDetails

How CJAM Group is building 1,100 homes across Southeast Queensland

by Pauline Torongo
24 March 2026
How CJAM Group is building 1,100 homes across Southeast Queensland
Lifestyle

The CJAM Group founder is quietly building a 1,100+ home pipeline, with projects in Hervey Bay and Toowoomba, using a...

Read moreDetails

Design Without Compromise: Where Gutter Protection Meets Modern Architecture

by Fazila Olla-Logday
20 March 2026
Design Without Compromise: Where Gutter Protection Meets Modern Architecture
Business & Finance

Design without compromise by integrating gutter protection seamlessly into modern architecture. Discover how innovative gutter systems enhance your home’s aesthetics...

Read moreDetails

How WageSafe Secured Australia’s Most Reputable Retail Business Among Its Premium Clients

by Fazila Olla-Logday
12 March 2026
How WageSafe Secured Australia’s Most Reputable Retail Business Among Its Premium Clients
at

Learn how WageSafe helps businesses stay compliant with payroll and wage regulations through reliable monitoring, risk management, and expert support—protecting...

Read moreDetails
Load More

Copyright © Blue Sky Publications Ltd. All Rights Reserved.
australiantimes.co.uk is a division of Blue Sky Publications Ltd. Reproduction without permission prohibited. DMCA.com Protection Status

  • About us
  • Write for Us
  • Advertise
  • Contact us
  • T&Cs, Privacy and GDPR
No Result
View All Result
  • News
    • Weather
    • Sport
    • Technology
    • Business & Finance
      • Currency Zone
    • Lotto Results
      • The Lott
  • Lifestyle
    • Entertainment
    • Horoscopes
    • Health & Wellness
    • Recipes
  • Travel
  • Expat Life
  • Move to Australia

Copyright © Blue Sky Publications Ltd. All Rights Reserved.
australiantimes.co.uk is a division of Blue Sky Publications Ltd. Reproduction without permission prohibited. DMCA.com Protection Status

No Result
View All Result
  • News
    • Weather
    • Sport
    • Technology
    • Business & Finance
      • Currency Zone
    • Lotto Results
      • The Lott
  • Lifestyle
    • Entertainment
    • Horoscopes
    • Health & Wellness
    • Recipes
  • Travel
  • Expat Life
  • Move to Australia

Copyright © Blue Sky Publications Ltd. All Rights Reserved.
australiantimes.co.uk is a division of Blue Sky Publications Ltd. Reproduction without permission prohibited. DMCA.com Protection Status