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Published by Nicola Martin
Aug 14, 2020 in Employment

A ‘day’ is a “notional day” not a “working day”: High Court overturns Mondelez decision – employers breathe a sigh of relief

Yesterday the High Court of Australia handed down its much-anticipated leave decision of Mondelez,1 overturning the earlier decision of the Full Court of the Federal Court. The majority held in favour of Mondelez and Federal IR Minister Christian Porter, declaring that "a 'day' for the purposes of s 96(1) [of the Fair Work Act] refers to a 'notional day', consisting of one-tenth of the equivalent of an employee's ordinary hours of work in a...
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