In the recent decision of Infosys Technologies Limited v State Of Victoria [2021] VSCA 219, the Victorian Court of Appeal held that that an employer is not liable to make long service leave payments to former employees in circumstances where part of their employment has been undertaken outside Victoria, and where there is no sufficient connection between that external employment and the State of Victoria.

When working parents are struggling to balance remote learning and their own responsibilities as an employee during lockdown, employers often wonder what options are available for them to help their staff.

As each employee’s circumstances will be different, it is impossible to apply a blanket rule - so the best way for employers to assist their employees in managing their individual responsibilities during lockdown is to have a full understanding of the options available to them.

In this article we explore three key options for employers:

1. Flexible Working Arrangements
2. Schedule X – Pandemic Leave Award Provisions
3. COVID-19 Long Service Leave Amendments