ABOUT THIS EVENT In a business environment where employment related obligations are continually changing, and the risks of getting it wrong are becoming increasingly severe, keeping up with employment law developments has never been so important. Join us for Aitken Legal’s Workplace Forum – a full-day conference dedicated to the latest developments in employment law […]
The Fair Work Commission (‘FWC’) could inquire into whether it would be ‘reasonable in all the circumstances’ to redeploy employees to work performed by contractors rather than make their employment redundant, held the High Court. This is an important decision for employers to understand because: It adds an additional step to the redundancy process for […]
Closing Loopholes No. 2 Act amended the Fair Work Act 2009 to prevent employers from contacting employees (or attempting to contact) outside of their ordinary work hours. For non small businesses (with 15 or more employees), this came into effect on 26 August 2024 and for small businesses (with less than 15 employees), this came into effect […]
Earlier this year, a Victorian Magistrate’s Court handed down a $100,000 fine and a costs order against an employer in a decision which highlights the importance of having proper policies and procedures. In this Employment Update we discuss two decisions that highlight the cost of not having proper policies, procedures, and training regimes in place. […]
From the first full pay period after 1 July 2025 there will be a 3.5% increase to the National Minimum Wage and the minimum rates in modern awards. This means that: The minimum wage will increase from $24.10 per hour to $24.95 per hour for full time employees; and All modern award rates will increase […]
The Fair Work Commission (“FWC”) has overturned an employer’s refusal of a flexible working arrangement request, stating that “the importance of the written response” required by the Fair Work Act “cannot be understated”. In this employment update we discuss what flexible working arrangements are, who is entitled to request them, and what went wrong for […]
From 1 March 2025 with employees in Queensland are required to prepare (and follow) a sexual harassment and sex or gender-based harassment prevention plan (“Plan”). The risk management process is set out in the ‘Managing the risk of psychosocial hazards at work’ Code of Practice, which can be accessed here. Broadly speaking, the Plan must: […]
The process for employees to convert from casual employment to part or full time employment is changing. What avenue applies depends on your business and when the casual employee was employed: Unlike the previous system, the ‘Employee Choice Pathway’ (“ECP”) does not require the employer to offer the conversion. Instead, employees have the right to […]
Two recent decisions of the Fair Work Commission have provided guidance on when a resignation may be considered ‘forced’, and so a dismissal at the employer’s initiative. One of these cases involved a situation where the employee was refused a discretionary bonus, while the other involved an employee being required to make repeated requests for […]
This Employment Update examines the recent decision of Ryan v Secretary, Department of Education [2024] NSWPIC 186. Whilst the decision of the New South Wales Personal Injury Commission will not be binding on other Courts or Commissions in Australia, it does provide some helpful insight into what constitutes reasonable or unreasonable management action when it […]
