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, […]
When considering disciplining an employee, employers usually turn their minds to the risk of an unfair dismissal claim, particularly where they are considering termination as the disciplinary action to be taken. Whilst unfair dismissal is often front of mind, all too often, employers are unaware of the significant risk posed by the general protections provisions […]
The Respect@Work Bill is set to create duty on employers to take reasonable and proportionate measures to eliminate sexual harassment, discrimination and sex-based harassment The Federal Government has taken the first step in delivering on its election promise to implement the remaining recommendations from the Respect@Work report. The most significant change from the Bill introduced […]
The Prime Minister has announced a one-off public holiday on 22 September 2022 for all Australian states and territories following the death of Her Majesty Queen Elizabeth II. The day is to serve as a National Day of Mourning, and for the public to pay their respects to the Queen and her 70 years of […]
The Queensland Chief Health Officer has revoked the Workers in a Healthcare Setting public health direction, one of the last-standing COVID-19 public health directions, with the revocation taking effect from 6pm on 2 September 2022. In announcing the revocation, Health Minister Yvette D’Ath said vaccination requirements for healthcare workers are now left to each employers’ […]
The Full Bench of the Fair Work Commission (‘FWC’) has handed down the most significant decision to date following the recent High Court decisions which changed the independent contracting landscape in Australia (read our analysis of those decisions here). The decision of Deliveroo Australia Pty Ltd v Franco [2022] FWCFB 156 gives employers useful guidance […]
Specialist employment law firm, Aitken Legal has been recognised by Australasian Lawyer as one of Australia’s Top Boutique Law Firms 2022. Only 40 firms across Australia have been recognised for this accolade. Australasian Lawyer evaluated nominations based on the firm’s client service delivery approach, how client needs are met, matters the lawyers work on as […]
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 […]
