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Kim Milnes

About Kim Milnes

Posts by Kim Milnes:

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What to expect if you receive a workers’ compensation claim involving a psychological or psychiatric injury or illness

Aitken Legal regularly assists employers with contesting workers’ compensation claims involving alleged psychological injuries. In this video, Hamish Procter from Aitken Legal gives Queensland employers some insight as to the immediate steps that need to be taken if they receive a workers’ compensation claim involving an alleged psychological injury. Typically, an employer will first be […]

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Meaning of “temporary” absence clarified

Employees will, at different stages of their working life, take time off work to deal with illnesses or injuries that are not work-related. Employees who are “temporarily” absent due to injury or illness are protected against dismissal where the dismissal is related to their absence.  The question of a “temporary” absence is often vexed. In […]

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mobile phone

EMPLOYMENT UPDATE

50-year-old employee not unfairly dismissed for “ferocious” texting during work time

The Fair Work Commission (‘Commission’) has recently found that a “mature” employee who “deliberately” failed to follow her employer’s lawful and reasonable direction to turn her personal mobile phone off while at work, and not attend to her private business matters during work time, was not unfairly dismissed. Background In December 2020, the employee was […]

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What to expect if you receive an unfair dismissal claim

Aitken Legal often assists employers to defend unfair dismissal claims from former employees who have either been dismissed or where they consider they have been forced to resign. In this video, Hamish Procter from Aitken Legal, gives you an overview of what to expect when you first receive an unfair dismissal claim. Typically, an employer […]

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Rising Stars in the Legal Profession

PRESS RELEASE

Rising Stars in the Legal Profession

Two Senior Associates from specialist employment law firm, Aitken Legal, have been recognised as Rising Stars for 2022 by the Australasian Lawyer. Senior Associates Hamish Procter and Kate Simpson both demonstrated leadership and significant achievements in relation to employment law and industrial relations advice they provided to clients across all industries during 2021. Australasian Lawyers […]

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EMPLOYMENT UPDATE

Employee or Contractor – The High Court simplifies the approach to determining the status of a worker

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On 9 February 2022, the High Court of Australia handed down two highly anticipated decisions: Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 (‘Personnel’); and ZG Operations & Anor v Jamsek & Ors [2022] HCA 2 (‘Jamsek’). The decisions confirm that where the parties have committed […]

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Employee vs Contractor

ALERT!

The High Court provides clarity for employers to determine whether a person is a contractor or not

Last week the High Court handed down two highly anticipated decisions, the first decision determined that an unskilled construction labourer engaged by a labour hire company was an employee despite a signed Administrative Services Agreement (‘ASA’) describing the worker as a “self-employed contractor”.  The second decision determined that two truck drivers, despite providing exclusive delivery […]

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Get ready for 2022 – what employers should think about

2022 is now well under way and after the continued disruption caused by COVID-19 in 2020 and 2021, 2022 is the time for employers to refocus and make sure that they have their human resources house in order. In this video, Hamish Procter from Aitken Legal raises a few significant steps that Employers should consider […]

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Public Health Order

EMPLOYMENT UPDATE

An employee’s defiance of a public health order was a valid reason for dismissal

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In a recent unfair dismissal decision, the Fair Work Commission (‘FWC’) confirmed that a crane company had a valid reason to dismiss a mobile crane operator (‘employee’), who attended an illegal protest in contravention of a Victorian Government public health stay-at-home order (‘PHO’). Significantly, the FWC rejected the employee’s claim that although he had attended […]

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