Kim Milnes

About Kim Milnes

Posts by Kim Milnes:

June 1, 2023

EMPLOYMENT UPDATE
Employees and social media: lessons learned from recent FWC decisions

This update examines two recent decisions of the Fair Work Commission (‘FWC’) concerning firefighters who were dismissed by their employer after they shared pornographic videos and photos in a private Facebook group titled “Sickos Video Sharing Group”. The group’s members were a mix of current and former employees as well as non-employees. The two applications […]

May 25, 2023

ALERT!
Employers must notify employees of Zombie Agreement termination by 6 June 2023

Awards and Employee Entitlements, Enterprise Agreements

All employers who have employees covered by “Zombie Agreements” must give all affected employees written notice by 6 June 2023 about the automatic termination or ‘sunsetting’ of the Zombie Agreement. A failure to give the required written notice could result in a financial penalty being ordered by a Court. ‘Zombie Agreement’ is the general term […]

April 24, 2023

EMPLOYMENT UPDATE
Psychosocial hazards at work: what are they and how can you prevent them?

Uncategorized

Queensland has become the latest jurisdiction to adopt Safe Work Australia’s model Code of Practice and Regulations on managing psychosocial hazards at work. The Workplace Health and Safety Regulation 2011 (Qld) (‘WHS Regulation’) has been amended to define ‘psychosocial hazards’ and require PCBUs to eliminate or minimise psychosocial hazards at work. In addition, a new […]

CHANGE TO HOW ROSTER EMPLOYEES TO WORK ON PUBLIC HOLIDAYS (200 × 200 px)

April 6, 2023

ALERT!
Employers must change how they roster employees to work on public holidays

Awards and Employee Entitlements, Employment Contracts

In a decision handed down last week, the Full Court of the Federal Court has found that BHP’s labour hire company contravened section 114 of the Fair Work Act 2009 (Cth) and the National Employment Standards (‘NES’) by requiring a group of employees to work on public holidays. The decision represents a significant departure from […]

March 31, 2023

EMPLOYMENT UPDATE
Sexual harassment

Discrimination and Harassment, Policies and Procedures

On 6 March 2023, amendments to the Fair Work Act 2009 (Cth) (‘FW Act’) commenced, and which empower the Fair Work Commission to deal with sexual harassment disputes through broader powers than the pre-existing ‘stop sexual harassment’ order jurisdiction provided for. These changes follow the Anti-Discrimination and Human Rights Legislation (Respect at Work) Act 2022 […]

End of daylight-saving time and a reminder to pay employees “by the clock” (200 × 200 px) (1)

March 31, 2023

ALERT!
End of daylight-saving time and a reminder to pay employees “by the clock”

Awards and Employee Entitlements

Clocks will go back one hour at 3:00am on Sunday 2 April 2023 for the ACT, New South Wales, South Australia, Tasmania, and Victoria. There will be no time change in the Northern Territory, Queensland, and Western Australia. Employers in states with daylight-saving time should be aware that payment for employees working at the time […]

February 28, 2023

EMPLOYMENT UPDATE
Double dipping employee with psychological injury awarded $1.73 million

Breach of Contract, Employment Contracts, Policies and Procedures

The Victorian Supreme Court has recently found that Vision Australia’s dismissal of a consultant for alleged repeated aggressive behaviour was a “sham and a disgrace” and contributed directly to the employee’s “very serious” psychiatric injury. The employee previously made an unfair dismissal application, which was settled with the employer five years prior to bringing this […]

February 9, 2023

PRESS RELEASE
Aitken Legal announces promotions

Uncategorized

Specialist employment law firm, Aitken Legal has promoted two employment lawyers based in its Sunshine Coast office and one in its Gold Coast office. Angela Engel, who heads the firm’s Gold Coast office, has been promoted to Senior Special Counsel. Angela has over 20 years’ experience practicing in employment law with 12 of those years […]

February 8, 2023

ALERT!
Many employers to lose rights to direct employees to take unpaid leave during annual shutdowns

Awards and Employee Entitlements, Employment Contracts

From 1 May 2023, a significant number of employers in Australia will lose a current right, contained in many modern awards, to direct employees to take unpaid leave during shutdown periods when the employee has no accrued annual leave. The majority of employers have a shutdown period at least once a year, sometimes due to […]

January 31, 2023

EMPLOYMENT UPDATE
Navigating flexible work requests

Awards and Employee Entitlements, Employment Contracts

Two recent cases, the first before the Fair Work Commission (‘FWC’), and the second before Queensland Industrial Relations Commission (‘IR Commission’), provide two distinct examples of what employer should do, and what an employer should not do, in terms of assessing a flexible work arrangements request. Fyfe v Ambulance Victoria – Fair Work Commission Case […]

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