Workplace Health & Safety

December 19, 2023

ALERT!
Phase one of ‘Closing the Loopholes’ Bill passes Parliament

Discrimination and Harassment, Employment Contracts, Workplace Health & Safety

The first part of the now ‘split’ Closing the Loopholes Bill has now passed through Parliament. In summary, employers should be aware that this new legislation contains provisions that are designed to: Prevent companies underpaying workers through the use of labour hire arrangements; Criminalise deliberate wage theft; Strengthen discrimination protections for workers experiencing family and […]

November 30, 2023

EMPLOYMENT UPDATE
Christmas party tips & traps

Policies and Procedures, Workplace Health & Safety

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 […]

June 30, 2022

EMPLOYMENT UPDATE
Employee with questionable “full” capacity medical certification not unfairly dismissed

Managing Ill and Injured Employees, Unfair Dismissal, Workplace Health & Safety

The Fair Work Commission (‘Commission’ or ‘FWC’) has recently found that a teacher whose employment was terminated following a contentious, year-long recovery from a psychological injury sustained at work, was not unfairly dismissed, despite providing the employer with a medical certificate indicating that she had “full” capacity to return to work. Background The unfair dismissal […]

November 23, 2021

My employee was injured whilst working remotely. Am I liable?

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 […]

August 10, 2021

Industrial Manslaughter – considerations in responding to a workplace fatality

Queensland, Victoria, the ACT and the Northern Territory have each implemented industrial manslaughter laws. Similar legislation is currently being contemplated in NSW. These laws do not affect the employer’s primary duties under workplace safety legislation, however, they have resulted in new offences and penalties. We can assist your business to ensure compliance with workplace health […]

July 16, 2020

ALERT!
Queensland’s first Industrial Manslaughter Case – Directors narrowly escape jail

Workplace Health & Safety

The District Court of Queensland has recently handed down its first conviction for an offence under the industrial manslaughter provisions introduced in the Work Health and Safety Act 2011 (Qld) (“the Act”) in October 2017. Brisbane Auto Recycling Pty Ltd and its two directors, Asadullah Hussaini and Mohammad Ali Jan Karimi were charged with the […]

March 16, 2020

ALERT!
Employers and COVID-19

COVID-19, Workplace Health & Safety

This is indeed a difficult time for all employers and their employees. It is a time for consideration of all available facts and information. Aitken Legal stresses that your primary sources of information about the COVID-19 health situation should come from the Federal Department of Health and the Queensland Department of Health. With a nationally […]

November 14, 2018

EMPLOYMENT UPDATE
New International OHS Standard Published and Federal Court to Consider ‘CASUAL LEAVE’ Issue Again

Awards and Employee Entitlements, Policies and Procedures, Workplace Health & Safety Adverse Action, Bullying, Contract of Employment, Discrimination, Dismissal, Employee Entitlements, Employer fined, Employment Contract, Employment Law, Fair Work Act 2009, Fair Work Ombudsman, Workplace Hazards, Workplace Injury, Workplace Policies, Workplace Safety

This month we look at the new international OHS standard published by Standards Australia. We also discuss the current ‘casual leave’ issue that is set to be considered again by the Federal Court, with a number of parties intervening in a new case brought by Workpac. New OHS standard published The world’s first international OHS […]

May 30, 2018

EMPLOYMENT UPDATE
Recent employment law decisions provide timely guidance for employers

Awards and Employee Entitlements, Misconduct, Policies and Procedures, Termination of Employment, Underpayment Claims, Unfair Dismissal, Workplace Health & Safety Dismissal, Employee Entitlements, Employer fined, Fair Work Commission, Pregnancy, Safety Breach, Social Media, Unfair Dismissal Application, Workplace Safety

This month we look at two recent decisions in the employment law space. The first decision relates to an employer’s decision to terminate an employee for breaching a cardinal safety rule. The second decision relates to the reprehensible conduct of an employer who failed to pass on an employee’s paid parental leave entitlement. Use of […]