Updates - Aitken Legal

July 28, 2022

EMPLOYMENT UPDATE
Employer to pay $2.25 million in bullying case

Performance Management, Termination of Employment, Workers Compensation Reviews, Workplace Bullying

This month we look at a recent matter in the Federal Court which resulted in one of the largest financial penalty, compensation, and costs orders made within the general protections jurisdiction. Following two key decisions in the matter, which traversed complex legal issues, including constitutional conflicts between federal and state legislation, Justices Rares ordered the […]

Paid family and domestic violence leave bill to Parliament (1)

July 28, 2022

ALERT!
Federal Government introduces legislation to establish paid family and domestic violence leave

Awards and Employee Entitlements

Under new legislation introduced to Parliament today, all employees in Australia would be entitled to 10 days of paid family and domestic violence leave (‘FDV Leave’) each year. The Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 (‘Bill’) is one of the first pieces of legislation introduced by the new Federal Government […]

June 30, 2022

EMPLOYMENT UPDATE
Employee with questionable “full” capacity medical certification not unfairly dismissed

Managing Ill and Injured Employees, Unfair Dismissal, Workplace Health & Safety

The Fair Work Commission (‘Commission’ or ‘FWC’) has recently found that a teacher whose employment was terminated following a contentious, year-long recovery from a psychological injury sustained at work, was not unfairly dismissed, despite providing the employer with a medical certificate indicating that she had “full” capacity to return to work. Background The unfair dismissal […]

June 29, 2022

ALERT!
Vaccine mandates relaxed in Queensland

Uncategorized

The Queensland Attorney-General has announced a relaxation for vaccine mandates in some workplaces from 1:00am AEST, Thursday 30 June 2022. From this date, visitors to the below settings will not be subject to mandatory COVID-19 vaccinations: residential aged care; disability accommodation; and corrective service facilities. Mandatory COVID-19 vaccinations will remain in place for workers in […]

June 28, 2022

PRESS RELEASE
Double celebration at Aitken Legal as finalists announced for Australian Law Awards

Media Releases

Specialist employment law firm, Aitken Legal has been named as a finalist in the Australian Law Awards for Workplace Relations and Employment Team of the Year. In addition, Special Counsel, Angela Engel has been named as a finalist in the Special Counsel of the Year award. The Australian Law Awards has built a reputation for […]

June 24, 2022

ALERT!
Fair Work Ombudsman announces 2022-23 priorities

Underpayment Claims

On 22 June 2022, the Fair Work Ombudsman (‘FWO’) Sandra Parker announced the Regulator’s priorities for the next 12 months, which have been expanded from focusing on supporting workers and businesses in recovering from the impacts of COVID-19 to include the university sector. The new focus on the university sector comes amid regular self-reports to […]

June 15, 2022

ALERT!
Fair Work Commission announces a 5.2% increase to the National Minimum Wage

Awards and Employee Entitlements

The Fair Work Commission has announced today an increase to the National Minimum Wage of 5.2%, and a minimum increase of $40 per week to apply to full-time employees covered by a modern award. The effect of the increase will mean that the National Minimum Wage will increase by $40 per week, from the current […]

May 31, 2022

EMPLOYMENT UPDATE
What does an ALP Government mean for employers?

Awards and Employee Entitlements, Employment Contracts, Enterprise Agreements

In our pre-election Alert, we analysed what the impacts of an Albanese-led Labor Government might look like for employers. Having won the election, the Australian Labor Party (‘ALP’ or ‘Labor’) will now seek to implement the industrial relations reforms we examined. Some of the proposed reforms announced by the ALP during the election campaign will […]

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 […]

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