Qantas Taken To Court.
Join Date: Jul 2008
Location: Skating away on the thin ice of a new day.
Posts: 1,116
Received 13 Likes
on
8 Posts
They're engineers not pilots. 30 to 40 plus years of service and now unable to access sick leave.
The judge's underlying reasoning is that sick leave is actually a form of income protection and since there is no income to protect you are not entitled to sick leave. Section 524/25 of the Fair Work Act is not being taken on face value which I am guessing is what the Unions were hoping for. There seems to be alot of interpretation of the 'intent' of what is written in the law.
https://www.judgments.fedcourt.gov.a...20/2020fca0656
In the context of the present case, it is respectfully concluded that the proper construction and application of ss 524 and 525 mirror the object and purpose of stand down provisions as summarised by Morling J in Townsend v General Motors-Holden’s Ltd(1983) 4 IR 358.Contrary to the submissions advanced on behalf of the Unions, to so construe ss 524 and 525 is not the imposition upon these terms of a “judicially constructed policy” but rather a construction of these provisions by reference to their terms as discerned from the legislative context out of which these provisions emerged.
Nunc est bibendum
I wonder if there is a case for someone on long term sick on fleets that are actually doing some flying. As the flying rotates through, you’d expect that even someone who had been on SL would receive a notice that it’s their turn to be stood up. Would it be discrimination if they weren’t?
So if someone junior to you in rank and base has been stood up to fly then I would think that someone on SL should be able to avail themselves of at least one month’s SL- or whatever time frame is being offered to stood up crew.
So if someone junior to you in rank and base has been stood up to fly then I would think that someone on SL should be able to avail themselves of at least one month’s SL- or whatever time frame is being offered to stood up crew.
What you are reading here is just the tip of the iceberg when it comes to what goes on every other day.
