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 […]
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 […]
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 […]
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 […]
This month’s Employment Update looks at the recent unfair dismissal decision of the Fair Work Commission (‘Commission’), Diego Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818 (18 May 2021) (‘Deliveroo decision’). In this decision, the Commission concluded that delivery services provided by a Deliveroo delivery rider and arranged by computer-based applications (Apps), constituted an […]
After much debate in the Senate, the Federal Government’s Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 has passed through Parliament but in a significantly reduced form. While the Federal Government’s more broader reforms of the industrial relations system were not proceeded with, the casual employment reform provisions survived. The Bill introduces […]
After much debate in the Senate, the Federal Government’s Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (‘the Bill’) passed through Parliament in a significantly reduced form on 18 March 2021. While the Federal Government’s more broader reforms were rejected, the casual employment provisions survived. The Bill was assented to on 26 […]
This month we look at a recent unfair dismissal decision of the Fair Work Commission. Deputy President Sams, in determining that the employee’s termination was not harsh, unjust or unfair, was highly critical of the self-represented applicant who had been dismissed by her employer for a loss of “trust and confidence in her ability to […]
In this Employment Update we consider the National guidance material on Preventing Workplace Sexual Harassment (‘the Guide’) recently released by Safe Work Australia. We will also reflect on the Australian Human Rights Commission’s (‘AHRC’) most recent survey on sexual harassment in Australia, Everyone’s business: Fourth national survey on sexual harassment in Australian workplaces (the 2018 […]
Specialist Employment Law Firm, Aitken Legal celebrates its 15th year of operating on the Sunshine Coast this month, at the same time as it expands to open its third office located in Melbourne. The last 15 years have seen the firm grow from a small home office in Founder Lisa Aitken’s house, to a strong […]