As employment lawyers, we are always concerned when we see situations where employees are being placed in a position where they really have no choice but to resign from their employment. Such conduct by an employer can lead to the employee having reasonable prospects of a successful unfair dismissal claim. In this video, Hamish Procter […]
Almost a third of Australia’s workforce have worked from home during the pandemic. A third of these employees hope to continue post COVID-19. The distinction between home and work is increasingly blurred, and employers are asking: Where does liability lie when an employee is injured whilst working from home? Employers are liable for an employee’s […]
One of the most significant decisions in employment law in 2020, was the Federal Court decision of Workpac and Rossato. In that decision, the Full Federal Court found that a coal mining employee, Mr Rossato, was entitled to paid leave entitlements despite being engaged as a casual employee. This decision caused much angst for employers […]
Wage theft is now a criminal offence in Queensland. Employers engaging in deliberate wage theft face up to 10 years imprisonment. Similar legislation has also been implemented in Victoria and the ACT. In this video, Kate Simpson from Aitken Legal talks about 3 ways to avoid prosecution for wage theft in Queensland. Wage affects around one in five Queensland […]
Sex discrimination and sexual harassment is currently an area of focus in Australia, and there have been recent changes to the law in Australia, which employers should be aware of. In this video, Hamish Procter from Aitken Legal touches on the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (Cth) which passed […]
Christmas is not only the time to celebrate another year with family and friends, but it is also a time to celebrate your workforce, and your business’ achievements during the year. While Christmas parties can be great for team building and morale, such events are loaded with potential employment law risks. In this video, Hamish […]
How much thought do you put into your job candidate interviews. There is a risk to your business if you get this interview process wrong and you can potentially be opening your business up to a claim. Hamish Procter from Aitken Legal, explains our three top tips for a risk free and efficient interview process. […]
Labour hire licensing schemes have commenced in Queensland, Victoria and South Australia, and will shortly commence in the ACT. The security, horticulture and cleaning industries are targeted by these schemes, which aim to protect labour hire workers from exploitation. This includes by stopping unfair competition between providers. Since a labour hire licensing scheme was introduced […]
When should you consider engaging an independent investigator? Employers frequently come to us with this question and are often unsure as to when an external investigator may be required. In this video, Senior Associate, Hamish Procter from Aitken Legal provides three scenarios, when we would recommend engaging an independent investigator. You should consider engaging an […]
Ian Eiser was employed by the Queensland Department of Health. After a lengthy absence of 18 months, the prognosis from Mr Eiser’s doctor was that his work capacity would be affected for at least another 24 months. Faced with the prospect of Mr Eiser having a potential 3.5 year absence, the Department directed him to […]
