Aitken logo
The Lawyers for Employers
  • Home
  • COVID-19
    • Key Issues
    • Useful Websites
    • COVID-19 Alert
  • About Us
    • Our Team
    • Our Community
    • Testimonials
    • Recruiting now
  • Our Services
  • Updates & Events
    • Events
  • Contact Us
    • Join Our Newsletter
Sunshine Coast  07 5413 4000  | Gold Coast  07 5593 1665
Request a Meeting
May 15, 2014

Employee reinstated in breast case scenario

Archive disciplinary action, Investigation, Sexual Harassment, Unfair Dismissal, Workplace function

The NSW Industrial Relations Commission has ruled that a public servant who admitted to touching five of his colleagues breasts’ at a work Christmas function should be reinstated to his position. The evidence in the case included that the a public servant had consumed a considerable volume of alcohol before attending a workplace function and […]

Read More

April 19, 2014

Significant penalty for adverse action claim against cancer victim

Archive Adverse Action, Fair Work Ombudsman, Personal Leave, Termination

The Federal Court of Australia has penalised an employer and its director a total of $41,500 following the finding that the employer had taken adverse action against one its employees. Fair Work Ombudsman v AJR Nominees Pty Ltd & Minniti (No 1) In the substantive matter, the Federal Court heard that the employee, who had […]

Read More

April 15, 2014

Failure to respond to WHS risk costs employer $400k

Archive Employer fined, WHS, Workplace Hazards, Workplace Injury, Workplace Safety

The County Court of Victoria has imposed a $400,000 fine for a work related accident which resulted in the tragic death of a worker. Whilst investigations into the cause of the worker’s death were not conclusive, it was found that the worker slipped into a hole in a walkway that was left as a result […]

Read More

March 15, 2014

FWC give guidance on support person role

Archive Employment Law, Fair Work Commission, support person, Termination

A recent decision of the Fair Work Commission’s Full Bench has provided some clarity about the role of a support person in a termination or performance management process. In the decision of Victorian Association for the Teaching of English Inc v de Laps, the Employee resigned from her employment following the initiation of a performance […]

Read More

March 10, 2014

What conduct justifies summary dismissal?

Archive Breach of duties, Common Law, Dismissal, Negligence, Workplace Conduct

The recent Fair Work Commission decision of John v The Star Pty Ltd provides an insight into just what level of conduct is required to justify the summary dismissal of an employee. Background Mr John had worked for the employer (who operates the Star City Casino Sydney) for just over 5 years as a security […]

Read More

February 28, 2014

Employee awarded $62,000 for unfair dismissal after calling his boss a “w#nker”

Archive Fair Work Commission, Termination, Unfair Dismissal, Workplace Culture

In Cronin v Choice Homes, the events leading up to the dismissal began with an office wide email received by Mr Cronin, regarding the business owner’s new Lamborghini purchase.  Mr Cronin responded,  attaching to his reply a document purporting to be his bosses “original resume” and which included, within the hobbies and interests sections reference […]

Read More

February 19, 2014

Why Employment Contracts are essential

Archive Breach of Contract, Company Credit Card, Employment Contract, Termination

In a decision that demonstrates why all employers should have written employment contracts in place, the Federal Circuit Court has awarded six months’ salary to a General Manger who was terminated after just 13 months service with his employer. In the case of Miller v Sunland Park Pty Ltd & Hutchens, the Court heard that […]

Read More

February 7, 2014

Refusal to sign social media policy grounds for dismissal

Archive Social Media, Termination, Workplace Policies

In the recent case of Pearson v Linfox Australia Pty Ltd, the Fair Work Commission held that the employee’s dismissal was not harsh, unjust or reasonable, given the string of evidence relating to the employee’s failure to follow company policies and procedures, including his resistance to signing the company social media policy. The employee had […]

Read More

January 11, 2014

Significant compensation awarded for sexual harassment

Archive Compensation, Depression, Medical Condition, Sexual Harassment, Sexual Harassment Policy

A recent decision by the Federal Circuit Court of Australia has highlighted the significant financial risk to employers where it can be argued that the employer has essentially condoned sexual harassment in the workplace. In the case of Alexander v Cappello & Vekiarellis, Judge Driver heard that the employee had been employed by the employer […]

Read More

«< 15 16 17 18 19

Search our Website

Search our Updates

Select a Child Category
category
Loading....
07 5413 4000
Join Our Newsletter

Our Services

  • Employment Contracts
  • Enterprise Agreements
  • Award and Employee Entitlements
  • Policies and Procedures
  • Independent Contractor Agreements
  • Performance Management
  • Managing Ill and Injured Employees
  • Underpayment Claims
  • Fair Work Ombudsman Investigations
  • Workplace Bullying
  • Discrimination and Harassment / Sexual Harassment
  • Restructuring
  • Workplace Investigations
  • Sham Contracting
  • Transfer of Employment
  • Industrial Action and Unions
  • Workers Compensation Reviews
  • Workplace Health and Safety
  • Serious Misconduct
  • Redundancy
  • Termination of Employment
  • Unfair Dismissal
  • General Protection
  • Restraint of Trade
  • Breach of Employment Contract
  • Settlement Agreements
  • Training

Locations

Sunshine Coast Office
Level 2, 20 Innovation Parkway,
Birtinya QLD 4575
Ph: 07 5413 4000
Gold Coast Office
Suite 602 Level 6 'The Rocket',
203 Robina Town Centre Drive,
Robina QLD 4226
Ph: 07 5593 1665
Toowoomba Office
Ph: 07 4548 0480

Navigation

  • Home
  • COVID-19
    • Key Issues
    • Useful Websites
    • COVID-19 Alert
  • About Us
    • Our Team
    • Our Community
    • Testimonials
    • Recruiting now
  • Our Services
  • Updates & Events
    • Events
  • Contact Us
    • Join Our Newsletter

Recent Posts

  • Modern Award Round Up for 2020 December 21, 2020
  • Are you up-to-date with JobKeeper 2.0? December 21, 2020
  • Changes to 97 Modern Awards – Casual and Overtime Provisions November 30, 2020
  • How to Navigate the ‘Silly Season’ – Tips for hosting a successful and low risk work Christmas Party November 17, 2020
Copyright © Aitken Legal 2020 | All Rights Reserved | Disclaimer | Privacy
Website by Digital Elements