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Kim Milnes

About Kim Milnes

Posts by Kim Milnes:

Sexual harassment (3)

EMPLOYMENT UPDATE

New enforcement powers for sexual harassment

In December 2022, through the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth), a new positive duty was placed on employers and other persons conducting a business or undertaking (‘PCBU’s’) to take reasonable and proportionate measures to eliminate sex related discrimination and harassment behaviours in the workplace. The Federal Government’s Respect@Work […]

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underpayment (200 x 200 px)

EMPLOYMENT UPDATE

Overtime: to pay or not to pay

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This Employment Update examines a recent and significant decision involving a wage theft class action in the Federal Court, which was brought by a group of employees seeking payment for overtime they worked “regularly and extensively” without formal authorisation from their employer. While the decision dealt with an interpretation of the text of the employer’s […]

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Add a subtitle (200 x 200 px) (1)

EMPLOYMENT UPDATE

Employee’s drunken urination on co-worker not linked to employment

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This Employment Update examines the High Court’s recent decision to uphold an employer’s appeal against a decision where $432,000 in damages was awarded to an employee who suffered a psychological injury after a co-worker urinated on his face while he was sleeping. This decision provides much needed clarity for employers on the issue of vicarious […]

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Equal pay (200 × 200 px)

EMPLOYMENT UPDATE

Fair Work Commission hands down first decision on equal pay

This Employment Update examines the Fair Work Commission’s (“Commission”) first decision involving an application for an equal remuneration order since the provisions saw significant reform as part of the Federal Government’s Secure Jobs, Better Pay legislation in 2022. The decision provides useful insight on how the Commission will interpret the new provisions and decide these […]

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Untitled (200 × 200 px) (2)

EMPLOYMENT UPDATE

Performance management in the context of unfair dismissals

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This Employment Update examines three cases where performance management processes were not undertaken properly, and so resulted in the employee having a successful unfair dismissal application. When will a dismissal be unfair An unfair dismissal occurs where the employee is dismissed and: the employer did not have a valid reason for the dismissal; the employee […]

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Social media

EMPLOYMENT UPDATE

Employees and social media: lessons learned from recent FWC decisions

This update examines two recent decisions of the Fair Work Commission (‘FWC’) concerning firefighters who were dismissed by their employer after they shared pornographic videos and photos in a private Facebook group titled “Sickos Video Sharing Group”. The group’s members were a mix of current and former employees as well as non-employees. The two applications […]

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Charu Chandan Blood Drip (200 × 200 px)

ALERT!

Employers must notify employees of Zombie Agreement termination by 6 June 2023

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All employers who have employees covered by “Zombie Agreements” must give all affected employees written notice by 6 June 2023 about the automatic termination or ‘sunsetting’ of the Zombie Agreement. A failure to give the required written notice could result in a financial penalty being ordered by a Court. ‘Zombie Agreement’ is the general term […]

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Copy of Psychosocial (200 × 200 px)

EMPLOYMENT UPDATE

Psychosocial hazards at work: what are they and how can you prevent them?

Queensland has become the latest jurisdiction to adopt Safe Work Australia’s model Code of Practice and Regulations on managing psychosocial hazards at work. The Workplace Health and Safety Regulation 2011 (Qld) (‘WHS Regulation’) has been amended to define ‘psychosocial hazards’ and require PCBUs to eliminate or minimise psychosocial hazards at work. In addition, a new […]

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CHANGE TO HOW ROSTER EMPLOYEES TO WORK ON PUBLIC HOLIDAYS (200 × 200 px)

ALERT!

Employers must change how they roster employees to work on public holidays

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In a decision handed down last week, the Full Court of the Federal Court has found that BHP’s labour hire company contravened section 114 of the Fair Work Act 2009 (Cth) and the National Employment Standards (‘NES’) by requiring a group of employees to work on public holidays. The decision represents a significant departure from […]

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