Personal/Carer’s Leave High Court Decision

On the 13th August 2020 the High Court issued its decision of the appeal against the Federal Court ruling in the Mondelez Case. The High Court’s final decision has reverted the method of accruing paid personal/carer’s leave under the National Employment Standards, back to the system that was is place prior to the Federal Court Mondelez Decision (August 2019).

This means that the Federal Court ruling (2019) has been overturned therefore the day method of calculation is not considered valid.

Throughout conversations you might have heard Member Support referring to “Case Law” and this as an example. We now have what is the “final” case law around personal/carer’s leave and therefore, certainly around how to move forward.

As a brief summary of the High Court’s decision, we can communicate that Personal/Carer’s leave accrues according to an employees’ ordinary hours of work (not days). All employees are entitled to 1/26th of their total ordinary hours over the course of a year to be accrued as personal/Carer’s leave. This can also be expressed as 3.846% of their ordinary hours over the course of a year.

Practically for our Members, this means the return to the accrual of personal/carer’s leave on the hourly basis that is calculated by most software systems each time a payroll is run.

You can read the previous eAlert here.

If your service has calculated personal/carer’s leave for employees based on the Federal Court ruling, you may choose to give the Member Support Infoline a call to discuss options around dealing with this decision, 1800 991 602 (option 2).