Updates - Aitken Legal

May 19, 2022

ALERT!
Employment law and the Federal election – what are the impacts of party policy for Employers?

Awards and Employee Entitlements, Enterprise Agreements, Policies and Procedures

With less than a week to the Federal election, many employer associations, unions and industrial relations stakeholders are eagerly awaiting a result that will determine the next 3 years, or more, of industrial relations reform. With wage growth dominating public discourse, industrial relations reform has arisen as a central factor in the election. But what […]

May 4, 2022

EMPLOYMENT UPDATE
Employer vicariously liable for sexual harassment and assault ordered to pay $150k

Discrimination and Harassment

This month we will look at a recent decision of the Victorian Civil and Administrative Tribunal (‘Tribunal’), where an employer who failed to prevent the sexual harassment and assault of a female employee was ordered to pay $150,000 in general damages. Background The 27-year-old Beauty Therapist (‘employee’) commenced part-time employment at the salon, Man Oh […]

March 31, 2022

EMPLOYMENT UPDATE
50-year-old employee not unfairly dismissed for “ferocious” texting during work time

Unfair Dismissal

The Fair Work Commission (‘Commission’) has recently found that a “mature” employee who “deliberately” failed to follow her employer’s lawful and reasonable direction to turn her personal mobile phone off while at work, and not attend to her private business matters during work time, was not unfairly dismissed. Background In December 2020, the employee was […]

March 14, 2022

PRESS RELEASE
Sunshine Coast lawyer joins specialist employment law firm

Uncategorized

Sunshine Coast Lawyer, Harry McDonald has joined Employment Law firm, Aitken Legal, to focus on becoming a specialist Employment Lawyer. Harry, who was born on the Sunshine Coast and was recently recognised by the Sunshine Coast Daily as a Top 12 young SC Lawyer will work closely with the firm’s senior lawyers to deliver employment law […]

March 2, 2022

PRESS RELEASE
Rising Stars in the Legal Profession

Media Releases

Two Senior Associates from specialist employment law firm, Aitken Legal, have been recognised as Rising Stars for 2022 by the Australasian Lawyer. Senior Associates Hamish Procter and Kate Simpson both demonstrated leadership and significant achievements in relation to employment law and industrial relations advice they provided to clients across all industries during 2021. Australasian Lawyers […]

Employees vs Contractors (200 × 200 px) 2

February 28, 2022

EMPLOYMENT UPDATE
Employee or Contractor – The High Court simplifies the approach to determining the status of a worker

Independent Contractor Agreements, Sham Contracting

On 9 February 2022, the High Court of Australia handed down two highly anticipated decisions: Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 (‘Personnel’); and ZG Operations & Anor v Jamsek & Ors [2022] HCA 2 (‘Jamsek’). The decisions confirm that where the parties have committed […]

February 16, 2022

ALERT!
The High Court provides clarity for employers to determine whether a person is a contractor or not

Independent Contractor Agreements

Last week the High Court handed down two highly anticipated decisions, the first decision determined that an unskilled construction labourer engaged by a labour hire company was an employee despite a signed Administrative Services Agreement (‘ASA’) describing the worker as a “self-employed contractor”. The second decision determined that two truck drivers, despite providing exclusive delivery […]

January 31, 2022

EMPLOYMENT UPDATE
An employee’s defiance of a public health order was a valid reason for dismissal

COVID-19, Termination of Employment, Unfair Dismissal

In a recent unfair dismissal decision, the Fair Work Commission (‘FWC’) confirmed that a crane company had a valid reason to dismiss a mobile crane operator (‘employee’), who attended an illegal protest in contravention of a Victorian Government public health stay-at-home order (‘PHO’). Significantly, the FWC rejected the employee’s claim that although he had attended […]

December 22, 2021

EMPLOYMENT UPDATE
2021 – A Year in Review

Awards and Employee Entitlements, COVID-19, Employment Contracts, Independent Contractor Agreements

2021 has been a challenging one for employers. Not only have we seen many of our clients grapple with the ongoing impact of COVID-19 and the legal challenges that have come with it, but also do their best to keep up-to-date with many other employment law related developments throughout the year. In this Employment Update […]

December 8, 2021

ALERT!
Public Health Direction behind 17 December 2021 restrictions finally released

COVID-19, Employment Contracts, Policies and Procedures

Yesterday, the Queensland Government released the ‘Public Health and Social Measures linked to vaccination status Direction’ (‘Direction’) which will be effective from 5am (AEST) Friday, 17 December 2021. This is the direction that underpins the Queensland Government’s announcement of restrictions for unvaccinated persons on 9 November 2021. A link to the Direction can be found […]

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