We have prepared a summary of the most significant changes arising from the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (‘Closing Loopholes No. 2 Act’), which was passed by the Federal Parliament on 12 February 2024 and received royal assent on 26 February 2024.The Closing Loopholes No. 2 Act amends the Fair […]
The Fair Work Commission has recently handed down a landmark decision which sheds some light on how flexible working arrangement disputes will be dealt with in the Fair Work Commission. The decision follows changes to the Fair Work Act 2009 (‘Act’) in June 2023. The changes to the Act gave the Fair Work Commission the […]
This time every year, Aitken Legal reminds employers to protect themselves from the risks which often arise during workplace Christmas parties. End of year workplace celebrations are a great way to reward staff and encourage team bonding, which are both key contributors to developing and maintaining strong team relationships. However, the workplace Christmas party can […]
This Employment Update examines a recent and significant decision involving a wage theft class action in the Federal Court, which was brought by a group of employees seeking payment for overtime they worked “regularly and extensively” without formal authorisation from their employer. While the decision dealt with an interpretation of the text of the employer’s […]
This Employment Update examines the High Court’s recent decision to uphold an employer’s appeal against a decision where $432,000 in damages was awarded to an employee who suffered a psychological injury after a co-worker urinated on his face while he was sleeping. This decision provides much needed clarity for employers on the issue of vicarious […]
This update examines two recent decisions of the Fair Work Commission (‘FWC’) concerning firefighters who were dismissed by their employer after they shared pornographic videos and photos in a private Facebook group titled “Sickos Video Sharing Group”. The group’s members were a mix of current and former employees as well as non-employees. The two applications […]
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 […]
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 […]
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: […]
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’ […]