Updates & Events - Aitken Legal

November 30, 2021

EMPLOYMENT UPDATE
COVID-19 vaccination mandate – but what happens when employees don’t comply?

COVID-19, Employment Contracts, Policies and Procedures

The last two years have been challenging for employers in more ways than one. Employers have dealt with the financial and operational effects of COVID-19 and now they are faced with a new challenge, the dilemma of mandatory vaccination. In this Employment Update we will briefly consider two recent cases dealing with mandatory COVID-19 vaccination […]

November 16, 2021

PUBLIC SECTOR
Rise of the unregistered “fake” union

Public Sector

Unregistered “fake” unions have increased their presence in Queensland and New South Wales,[1] and are actively supporting the anti-mandate movement in respect of COVID-19 vaccinations. These organisations are targeting new members in the nursing, teaching and law enforcement industries. Most (if not all) of these organisations have been established as corporations. This means that the […]

October 29, 2021

EMPLOYMENT UPDATE
Confusion about “temporary” absences clarified by the Fair Work Commission

Managing Ill and Injured Employees, Unfair Dismissal

In this Employment Update we deal with the often vexed question of “temporary” absence and the three (3) month period referred to in the Regulations to the Fair Work Act. The Fair Work Commission has considered the meaning of a “temporary” absence in two recent unfair dismissal decisions, both heard by Commissioner Jennifer Hunt. Both […]

October 29, 2021

ALERT!
2.5% Minimum Rate Increase – Group 3 Modern Awards

Awards and Employee Entitlements

In June this year, the Fair Work Commission increased 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. For the majority of awards the increase took effect from 1 July 2021, for other awards the Commission deferred the operative date for […]

September 30, 2021

EMPLOYMENT UPDATE
Respect@Work legislation gets the green light

Discrimination and Harassment

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 […]

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