Updates & Events - Aitken Legal

September 30, 2021

EMPLOYMENT UPDATE
Respect@Work legislation gets the green light

In this Employment Update we will discuss the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth) that commenced operation on 10 September 2021. We will outline the reasons behind the changes and what they mean for employers. Background In 2018, the Australian Human Rights Commission conducted a National Inquiry into Sexual […]

September 16, 2021

PUBLIC SECTOR
Attempt to arrange IME falls foul of Information Privacy Principles

Public Sector

In the recent decision of the Queensland Civil and Administrative Tribunal (Tribunal) in AA v State of Queensland (Office of Industrial Relations) [2021][1] an employee was awarded $20,000 in compensation due to the unlawful disclosure of his personal information. Relevant background The matter concerned an employee who had been absent from work for an extended […]

September 9, 2021

ALERT!
Do you employ casual employees? Are you ready for 27 September 2021?

Awards and Employee Entitlements, Employment Contracts

Aitken Legal has previously reported on the amendments to the Fair Work Act 2009 (Cth) (FW Act) that commenced on 27 March 2021 – New statutory definition of ‘casual employee’ – clarifies previous uncertainty around casual employment’. Below is a summary of the amendments: Introduction of a new definition of ‘casual employee’ Introduction of a […]

August 31, 2021

EMPLOYMENT UPDATE
Trusted Senior Manager misused employer’s confidential information to set up in competition

Breach of Contract, Employment Contracts, Restraint of Trade

This month’s Employment Update looks at the recent Federal Court decision, Verix Pty Ltd v Williams [2021] FCA 748 (‘decision’). In this decision, the Federal Court concluded that a Senior Business Development Manager (with the assistance of others) had misused the employer’s confidential information to set up a business in competition, breaching “contract, statutory duties, […]

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?

COVID-19

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

COVID-19

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 […]

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