On 6 March 2023, amendments to the Fair Work Act 2009 (Cth) (‘FW Act’) commenced, and which empower the Fair Work Commission to deal with sexual harassment disputes through broader powers than the pre-existing ‘stop sexual harassment’ order jurisdiction provided for. These changes follow the Anti-Discrimination and Human Rights Legislation (Respect at Work) Act 2022 […]
Clocks will go back one hour at 3:00am on Sunday 2 April 2023 for the ACT, New South Wales, South Australia, Tasmania, and Victoria. There will be no time change in the Northern Territory, Queensland, and Western Australia. Employers in states with daylight-saving time should be aware that payment for employees working at the time […]
The Victorian Supreme Court has recently found that Vision Australia’s dismissal of a consultant for alleged repeated aggressive behaviour was a “sham and a disgrace” and contributed directly to the employee’s “very serious” psychiatric injury. The employee previously made an unfair dismissal application, which was settled with the employer five years prior to bringing this […]
Specialist employment law firm, Aitken Legal has promoted two employment lawyers based in its Sunshine Coast office and one in its Gold Coast office. Angela Engel, who heads the firm’s Gold Coast office, has been promoted to Senior Special Counsel. Angela has over 20 years’ experience practicing in employment law with 12 of those years […]
From 1 May 2023, a significant number of employers in Australia will lose a current right, contained in many modern awards, to direct employees to take unpaid leave during shutdown periods when the employee has no accrued annual leave. The majority of employers have a shutdown period at least once a year, sometimes due to […]
Two recent cases, the first before the Fair Work Commission (‘FWC’), and the second before Queensland Industrial Relations Commission (‘IR Commission’), provide two distinct examples of what employer should do, and what an employer should not do, in terms of assessing a flexible work arrangements request. Fyfe v Ambulance Victoria – Fair Work Commission Case […]
Industrial Relations reform was a dominant political battleground between the major parties, and a clear focus for the Albanese Federal Government throughout 2022. The Federal Government has now successfully passed arguably the most significant reforms to the Fair Work Act since its introduction some 13 years ago. Some amendments will have immediate impacts for employers, […]
Workplace Christmas functions are a great way to reward staff and encourage connectedness, both of which are key to creating a high-performing team. However, the work Christmas party can often result in HR nightmares if handled incorrectly. We have set out a guide to ensuring your end of year celebrations remain legally uneventful: Step One: […]
This month we deal with an extremely interesting decision of the Fair Work Commission where despite best practice investigation there was a ruling against the employer. Our key message is this should not detract from an employer seeking to follow best practice in allegations of serious misconduct. Sydney Trains has been ordered to reinstate an […]
The Commonwealth Parliament has passed a bill confirming a right to paid leave for all employees, including casuals, who are impacted by family and domestic violence (FDV). The new paid leave entitlement will be captured in the Fair Work Act 2009. For non-small business employers, the amendments will come into effect on 1 February 2023, […]
