The NSW Personal Injury Commission (‘Commission’) accepted a psychological injury claim arising out of a disciplinary meeting, holding (amongst other things) that the meeting should have been adjourned after the Employee’s mental health disclosure (that she had been discharged from a medical facility the night before) and the fact that she was obviously very distressed. […]
Somehow, it is that time of year again; there is tinsel in the stores, everything tastes like ginger, and your calendar is filling up with events. Whilst we can’t assist you with baking or decorations, Aitken Legal is here to help ensure your workplace celebrations are remembered for all the right reasons. Set out in […]
The Federal Circuit and Family Court of Australia (‘Court’) has recently determined that a failure to provide alternative ‘light’ duties to an injured employee constituted adverse action, and ultimately represented a breach of the general protections provisions in the Fair Work Act 2009 (‘FWA’). While compensation and penalties are yet to be determined by the […]
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 […]