Foulsham v JJ Corbett Plumbing and Gasfitting Pty Ltd

The applicant, Mr Foulsham, brought a claim against his employer, JJ Corbett Plumbing and Gasfitting Pty Ltd, concerning the employer's conversion of paid sick leave to paid annual leave. The dispute arose when the applicant took personal leave due to illness and the respondent reclassified this leave. The matter was heard by Judge Jones.

The central legal issue before the court was whether the applicant had complied with the notice requirements stipulated in section 107 of the relevant Act concerning the taking of personal/carer's leave. Specifically, the court had to determine if the applicant had provided notice to his employer as soon as practicable, advising of the period or expected period of his leave, as required by section 107(2).

Judge Jones found that the applicant had not provided notice to the respondent as soon as practicable regarding the period or expected period of his personal leave due to illness. The evidence indicated that the respondent contacted the applicant on 18 January 2010 to inquire about his absence, and during that conversation, the applicant only stated he was not fit to return to work, without specifying an expected duration of leave. The applicant returned to work on 5 February 2010 without prior notification, providing a medical certificate at that time. Consequently, the court was not satisfied that the applicant had complied with the notice requirements under section 107(2) of the Act.