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"Technical" set-off clause crucial to $1.34m appeal
A recent full Federal Court decision "really reinforces" the utility of contractual set-off clauses and how they can help employers facing underpayment claims, workplace lawyers say.
The case was brought by 48 financial advisors who claimed their former employer, Macquarie Bank, breached the Fair Work Act and relevant modern award in failing to pay their full entitlements for annual, personal/carer's and compassionate leave, public holidays, and annual leave loading.
Thomson Geer special counsel Lauren Townsend tells HR Daily the senior employees had "quite a unique remuneration arrangement through their employment contracts"...
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