Kim Milnes

About Kim Milnes

Posts by Kim Milnes:

August 13, 2021

ALERT!
Employee “tormented” by sexual harassment at work has compensation increased by $100k

Discrimination and Harassment, Workplace Bullying

Employers need to stamp out inappropriate conduct in the workplace warns specialist Employment Law firm, Aitken Legal. This comes as a former employee of a Brisbane laundromat had compensation increased on appeal to the Industrial Court of Queensland, to $28.702.60 for economic loss and $130,000 for general and aggravated damages. The increased compensation is $100,000 […]

August 6, 2021

ALERT!
A High Court win for WorkPac – no leave entitlements for regular and systematic casual employee

Awards and Employee Entitlements, Employment Contracts

One of the most significant decisions in employment law recently, was the decision of the Full Federal Court which found that a coal mining employee, Mr Rossato, was entitled to paid leave entitlements, despite being engaged as a casual employee. However, in a significant decision for Australian employers, this week the High Court of Australia […]

July 30, 2021

EMPLOYMENT UPDATE
Resigning employee awarded 14 weeks’ compensation in successful unfair dismissal claim

Unfair Dismissal

In the decision of Mrs Kerri Trail v O’Brien Group Australia [2021] FWC 4048, the Fair Work Commission (‘Commission’) determined that an employee who had tendered a written resignation to her employer was in fact unfairly dismissed and awarded the employee 14 weeks’ compensation ($28,269) minus various deductions. Background The employer is a large privately-owned […]

June 30, 2021

EMPLOYMENT UPDATE
Can employers mandate covid-19 vaccination for workers?

Uncategorized

Australia is currently experiencing several community outbreaks across the country. Across the nation many restrictions have been re-introduced in recent weeks. Unvaccinated workers working in high risk workplaces can be a significant contributing factor to the spread of the COVID-19 virus. There is also mounting pressure on Federal, State and Territory Governments to mandate COVID-19 […]

June 30, 2021

ALERT!
Mandatory COVID-19 vaccination for residential aged care workers

Uncategorized

On 28 June 2021, the National Cabinet agreed that at a minimum, the first dose of the COVID-19 vaccine must be mandatory for all residential aged care workers. This means that across the nation, all residential aged care workers as a condition of working in a Residential Aged Care Facility (‘RACF’), must be vaccinated for […]

June 16, 2021

ALERT!
Fair Work Commission announces 2.5% increase to the national minimum wage

Awards and Employee Entitlements

The Full Bench of the Fair Work Commission has today decided to increase the National Minimum Wage by 2.5%, and for the same increase to be applied to the minimum wages set out in each modern award. The Commission considered data made available to the Review and, based on the ongoing economic impact to certain […]

May 27, 2021

EMPLOYMENT UPDATE
“Modern, rapidly changing workplace” is impacting traditional arrangements for employment FWC conclude Deliveroo delivery rider is an employee

Independent Contractor Agreements, Sham Contracting

This month’s Employment Update looks at the recent unfair dismissal decision of the Fair Work Commission (‘Commission’), Diego Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818 (18 May 2021) (‘Deliveroo decision’). In this decision, the Commission concluded that delivery services provided by a Deliveroo delivery rider and arranged by computer-based applications (Apps), constituted an […]

April 30, 2021

EMPLOYMENT UPDATE
New statutory definition of ‘casual employee’ – clarifies previous uncertainty around casual employment

Awards and Employee Entitlements, Employment Contracts

After much debate in the Senate, the Federal Government’s Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 has passed through Parliament but in a significantly reduced form. While the Federal Government’s more broader reforms of the industrial relations system were not proceeded with, the casual employment reform provisions survived. The Bill introduces […]

March 31, 2021

ALERT!
Significant changes to casual employment arrangements passed

Awards and Employee Entitlements

After much debate in the Senate, the Federal Government’s Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (‘the Bill’) passed through Parliament in a significantly reduced form on 18 March 2021. While the Federal Government’s more broader reforms were rejected, the casual employment provisions survived. The Bill was assented to on 26 […]

March 30, 2021

EMPLOYMENT UPDATE
Not an unfair dismissal rules FWC

Termination of Employment, Unfair Dismissal

This month we look at a recent unfair dismissal decision of the Fair Work Commission. Deputy President Sams, in determining that the employee’s termination was not harsh, unjust or unfair, was highly critical of the self-represented applicant who had been dismissed by her employer for a loss of “trust and confidence in her ability to […]

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