Updates - Aitken Legal

August 7, 2026

Employment Update
What makes a lawful direction – Lessons from the Commission

The Fair Work Commission (‘Commission’) has ordered a $67,741.44 payout for an Employee, holding that she was unfairly dismissed when her employer terminated her while she was attending a mediation intake for allegedly failing to follow a lawful direction to attend mediation. In this Employment Update we will discuss the matter of Leoni Seychelles v […]

July 10, 2026

Employment Update
When colleague chemistry becomes workplace risk: the Kyle Sandilands & Jackie ‘O’ fall out

Breach of Contract, Discrimination and Harassment, General Protection, Serious Misconduct, Termination of Employment

The ongoing dispute involving radio personalities Kyle Sandilands (“Sandilands”) and Jacqueline Henderson (“Jackie O”) and ARN media (“ARN”) continues to evolve, with the commercial and litigation landscape shifting significantly following a settlement announced to ASX. This Employment Update reflects the most recent developments, including the settlement with Sandilands and the continuation of Jackie O’s proceedings. […]

June 29, 2026

Alert!
Payday superannuation, Victorian work from home rights, updated pay guides

Awards and Employee Entitlements, Employment Contracts

Two major workplace law changes are incoming: a change to superannuation obligations for all employers, and a state change to work from home (“WFH”) laws for employees working in Victoria. SUPERANNUATION From 1 July 2026, employers must pay superannuation when they pay wages (as opposed to the previous quarterly requirement). Failing receipt by a super […]

June 2, 2026

Alert!
Minimum Wage & Award Wage Increase

Awards and Employee Entitlements, Employment Contracts

From the first full pay period after 1 July 2026 there will be a 4.75% increase to Award rates. Furthermore, the National Minimum Wage will be increased to $1,004.90 per week (a 5.97% increase) and the lowest paid classifications in modern Awards, the C13 and C14 wage rates will be phased out in three stages. […]

April 23, 2026

PRESS RELEASE
Recognised in the 2027 edition of Best Lawyers in Australia

Uncategorized

Legal Director, Chris Campbell was recently included in the 2027 edition of The Best Lawyers in Australia® for Labour and Employment Law. Best Lawyers® is an elite global network of legal professionals recognised through trusted, peer-reviewed distinction. Only about 3% of lawyers globally are recognised, reflecting the selectivity and credibility of the results. Proprietary safeguards are in […]

Mind your meeting manners (200 x 200 px)

March 30, 2026

Employment Update
Mind your meeting manners

Termination of Employment, Workplace Investigations

The NSW Personal Injury Commission (‘Commission’) accepted a psychological injury claim arising out of a disciplinary meeting, holding (amongst other things) that the meeting should have been adjourned after the Employee’s mental health disclosure (that she had been discharged from a medical facility the night before) and the fact that she was obviously very distressed. […]

December 1, 2025

Employment Update
Christmas party tips & traps – high spirits without a legal hangover

Awards and Employee Entitlements, Misconduct, Serious Misconduct

Somehow, it is that time of year again; there is tinsel in the stores, everything tastes like ginger, and your calendar is filling up with events. Whilst we can’t assist you with baking or decorations, Aitken Legal is here to help ensure your workplace celebrations are remembered for all the right reasons. Set out in […]

October 8, 2025

Employment Update
Failure to provide light duties adverse action

Discrimination and Harassment, General Protection

The Federal Circuit and Family Court of Australia (‘Court’) has recently determined that a failure to provide alternative ‘light’ duties to an injured employee constituted adverse action, and ultimately represented a breach of the general protections provisions in the Fair Work Act 2009 (‘FWA’). While compensation and penalties are yet to be determined by the […]

August 29, 2025

Employment Update
High Court weighs in on redundancy -Fair Work Commission entitled to consider contractor positions

Independent Contractor Agreements, Redundancies, Restructuring, Uncategorized

The Fair Work Commission (‘FWC’) could inquire into whether it would be ‘reasonable in all the circumstances’ to redeploy employees to work performed by contractors rather than make their employment redundant, held the High Court. This is an important decision for employers to understand because: It adds an additional step to the redundancy process for […]

August 26, 2025

Alert!
The ‘right to disconnect’ comes into force for Small Businesses on 26 August 2025

Employment Contracts, Termination of Employment

Closing Loopholes No. 2 Act amended the Fair Work Act 2009 to prevent employers from contacting employees (or attempting to contact) outside of their ordinary work hours. For non small businesses (with 15 or more employees), this came into effect on 26 August 2024 and for small businesses (with less than 15 employees), this came into effect […]

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