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Copy of Payday super (200 x 200 px)

Alert!

Payday superannuation, Victorian work from home rights, updated pay guides

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Two major workplace law changes are incoming: a change to superannuation obligations for all employers, and a state change to work from home (“WFH”) laws for employees working in Victoria. SUPERANNUATION From 1 July 2026, employers must pay superannuation when they pay wages (as opposed to the previous quarterly requirement). Failing receipt by a super […]

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Christopher Campbell

PRESS RELEASE

Recognised in the 2027 edition of Best Lawyers in Australia

Legal Director, Chris Campbell was recently included in the 2027 edition of The Best Lawyers in Australia® for Labour and Employment Law. Best Lawyers® is an elite global network of legal professionals recognised through trusted, peer-reviewed distinction.  Only about 3% of lawyers globally are recognised, reflecting the selectivity and credibility of the results. Proprietary safeguards are in […]

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Mind your meeting manners (200 x 200 px)

Employment Update

Mind your meeting manners

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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. […]

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Christmas Tips (200 x 200 px)

Employment Update

Christmas party tips & traps – high spirits without a legal hangover

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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 […]

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Copy of adverse action (200 x 200 px)

Employment Update

Failure to provide light duties adverse action

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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 […]

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EU Redundancy (200 x 200 px)

Employment Update

High Court weighs in on redundancy -Fair Work Commission entitled to consider contractor positions

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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 […]

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Right to disconnect (200 x 200 px)

Alert!

The ‘right to disconnect’ comes into force for Small Businesses on 26 August 2025

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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 […]

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policies (200 x 200 px)

Employment Update

No policy = $100,000 fine

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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.  […]

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