Unfair dismissal is the most common claim made by dismissed employees or employees who feel they have been forced to resign. As an Employer, in order to defend an unfair dismissal claim, you will need to establish that you: had a valid reason for the dismissal; and that you followed a fair procedure leading up to the termination; and […]
The importance of having well-written employment contracts cannot be underestimated. They set a clear framework for the employment relationship and reduce the risk of confusion around the terms of employment. The Fair Work Act and the Modern Awards typically provide protection for employees and their minimum entitlements. […]
Performance management is an essential task for employers to ensure the successful operation of their business. When issues of underperformance or misconduct are not addressed and managed effectively, they can affect others in the workplace and overall productivity. […]
General protection claims, also referred to as adverse action claim, are increasing in popularity amongst employees, particularly if they seek legal advice or are a member of a union. Typically, general protection claims are commenced where an employee believes that adverse action has been taken against them (e.g. they were dismissed) because […]
Aitken Legal have been providing employment law services to Central Queensland, Wide Bay, Sunshine Coast PHN for over 6 years. We find Lisa and the team to conduct themselves with integrity, honesty and professionalism and demonstrate a high level of understanding and strong experience in employment law. […]
Managing ill or injured employees involves a range of competing operational, legal and medical considerations. Whether it is a short term, long term, work-related or non-work-related illness or injury, these matters require careful consideration; a clear understanding of your obligations; […]
Restraint of trade clauses in employment contracts can be a useful tool to protect your business if a key person leaves your employment. Without a restraint of trade clause, an employer has virtually no grounds to prevent an employee from going to work for a competing business or from soliciting your clients or employees for a competing business. […]
An Enterprise Agreement is a complex agreement that will apply to a workplace or part of a workplace and is negotiated with the employees who will be covered by it. Employers who seek to negotiate an Enterprise Agreement with their employees are generally looking for an element of flexibility that is not provided in the relevant Modern Award; […]
Employees and employers may make a claim alleging the other party has breached the employment contract. Some examples of where this may happen are: Where one party considers the other party has not complied with an express or implied term of the employment contract; Where an employee considers they have not been given ‘reasonable notice of termination’ of their employment; […]
Islamic College of Brisbane have engaged with Angela Engel and her team at Aitken Legal over the years on employment legal advice. They have demonstrated their commitment in providing the legal services as well as work within the framework […]
