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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]