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EMPLOYMENT UPDATE

The rise and rise of the General Protections Claim

When considering disciplining an employee, employers usually turn their minds to the risk of an unfair dismissal claim, particularly where they are considering termination as the disciplinary action to be taken.  Whilst unfair dismissal is often front of mind, all too often, employers are unaware of the significant risk posed by the general protections provisions […]

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ARTICLE

Respect@Work Bill

The Respect@Work Bill is set to create duty on employers to take reasonable and proportionate measures to eliminate sexual harassment, discrimination and sex-based harassment The Federal Government has taken the first step in delivering on its election promise to implement the remaining recommendations from the Respect@Work report. The most significant change from the Bill introduced […]

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National Day of Mourning Public Holiday

The Prime Minister has announced a one-off public holiday on 22 September 2022 for all Australian states and territories following the death of Her Majesty Queen Elizabeth II.  The day is to serve as a National Day of Mourning, and for the public to pay their respects to the Queen and her 70 years of […]

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ALERT!

Major changes to mandatory vaccination rules in healthcare settings

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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’ […]

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PRESS RELEASE

Employment Law firm wins Top Boutique Firm Accolade

Specialist employment law firm, Aitken Legal has been recognised by Australasian Lawyer as one of Australia’s Top Boutique Law Firms 2022.  Only 40 firms across Australia have been recognised for this accolade. Australasian Lawyer evaluated nominations based on the firm’s client service delivery approach, how client needs are met, matters the lawyers work on as […]

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EMPLOYMENT UPDATE

Employer to pay $2.25 million in bullying case

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This month we look at a recent matter in the Federal Court which resulted in one of the largest financial penalty, compensation, and costs orders made within the general protections jurisdiction. Following two key decisions in the matter, which traversed complex legal issues, including constitutional conflicts between federal and state legislation, Justices Rares ordered the […]

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Paid family and domestic violence leave bill to Parliament (1)

ALERT!

Federal Government introduces legislation to establish paid family and domestic violence leave

Under new legislation introduced to Parliament today, all employees in Australia would be entitled to 10 days of paid family and domestic violence leave (‘FDV Leave’) each year. The Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 (‘Bill’) is one of the first pieces of legislation introduced by the new Federal Government […]

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EMPLOYMENT UPDATE

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

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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 […]

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ALERT!

Vaccine mandates relaxed in Queensland

The Queensland Attorney-General has announced a relaxation for vaccine mandates in some workplaces from 1:00am AEST, Thursday 30 June 2022. From this date, visitors to the below settings will not be subject to mandatory COVID-19 vaccinations: residential aged care; disability accommodation; and corrective service facilities. Mandatory COVID-19 vaccinations will remain in place for workers in […]

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