Sunshine Coast  07 5413 4000  | Gold Coast  07 5593 1665  | Melbourne 03 7020 2370

Menu
Loopholes bill

ALERT!

Phase one of ‘Closing the Loopholes’ Bill passes Parliament

, ,

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 […]

Read More
Christmas

EMPLOYMENT UPDATE

Christmas party tips & traps

,

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 […]

Read More
Sexual harassment (3)

EMPLOYMENT UPDATE

New enforcement powers for sexual harassment

In December 2022, through the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth), a new positive duty was placed on employers and other persons conducting a business or undertaking (‘PCBU’s’) to take reasonable and proportionate measures to eliminate sex related discrimination and harassment behaviours in the workplace. The Federal Government’s Respect@Work […]

Read More
underpayment (200 x 200 px)

EMPLOYMENT UPDATE

Overtime: to pay or not to pay

, ,

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 […]

Read More
Add a subtitle (200 x 200 px) (1)

EMPLOYMENT UPDATE

Employee’s drunken urination on co-worker not linked to employment

, , ,

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 […]

Read More
Equal pay (200 × 200 px)

EMPLOYMENT UPDATE

Fair Work Commission hands down first decision on equal pay

This Employment Update examines the Fair Work Commission’s (“Commission”) first decision involving an application for an equal remuneration order since the provisions saw significant reform as part of the Federal Government’s Secure Jobs, Better Pay legislation in 2022. The decision provides useful insight on how the Commission will interpret the new provisions and decide these […]

Read More
Untitled (200 × 200 px) (2)

EMPLOYMENT UPDATE

Performance management in the context of unfair dismissals

, ,

This Employment Update examines three cases where performance management processes were not undertaken properly, and so resulted in the employee having a successful unfair dismissal application. When will a dismissal be unfair An unfair dismissal occurs where the employee is dismissed and: the employer did not have a valid reason for the dismissal; the employee […]

Read More
Social media

EMPLOYMENT UPDATE

Employees and social media: lessons learned from recent FWC decisions

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 […]

Read More
‹ 1 2 3 4›»