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EMPLOYMENT UPDATE

What does an ALP Government mean for employers?

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In our pre-election Alert, we analysed what the impacts of an Albanese-led Labor Government might look like for employers. Having won the election, the Australian Labor Party (‘ALP’ or ‘Labor’) will now seek to implement the industrial relations reforms we examined. Some of the proposed reforms announced by the ALP during the election campaign will […]

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ALERT!

Employment law and the Federal election – what are the impacts of party policy for Employers?

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With less than a week to the Federal election, many employer associations, unions and industrial relations stakeholders are eagerly awaiting a result that will determine the next 3 years, or more, of industrial relations reform. With wage growth dominating public discourse, industrial relations reform has arisen as a central factor in the election. But what […]

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EMPLOYMENT UPDATE

Employer vicariously liable for sexual harassment and assault ordered to pay $150k

This month we will look at a recent decision of the Victorian Civil and Administrative Tribunal (‘Tribunal’), where an employer who failed to prevent the sexual harassment and assault of a female employee was ordered to pay $150,000 in general damages. Background The 27-year-old Beauty Therapist (‘employee’) commenced part-time employment at the salon, Man Oh […]

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mobile phone

EMPLOYMENT UPDATE

50-year-old employee not unfairly dismissed for “ferocious” texting during work time

The Fair Work Commission (‘Commission’) has recently found that a “mature” employee who “deliberately” failed to follow her employer’s lawful and reasonable direction to turn her personal mobile phone off while at work, and not attend to her private business matters during work time, was not unfairly dismissed. Background In December 2020, the employee was […]

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Rising Stars in the Legal Profession

PRESS RELEASE

Rising Stars in the Legal Profession

Two Senior Associates from specialist employment law firm, Aitken Legal, have been recognised as Rising Stars for 2022 by the Australasian Lawyer. Senior Associates Hamish Procter and Kate Simpson both demonstrated leadership and significant achievements in relation to employment law and industrial relations advice they provided to clients across all industries during 2021. Australasian Lawyers […]

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EMPLOYMENT UPDATE

Employee or Contractor – The High Court simplifies the approach to determining the status of a worker

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On 9 February 2022, the High Court of Australia handed down two highly anticipated decisions: Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 (‘Personnel’); and ZG Operations & Anor v Jamsek & Ors [2022] HCA 2 (‘Jamsek’). The decisions confirm that where the parties have committed […]

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Employee vs Contractor

ALERT!

The High Court provides clarity for employers to determine whether a person is a contractor or not

Last week the High Court handed down two highly anticipated decisions, the first decision determined that an unskilled construction labourer engaged by a labour hire company was an employee despite a signed Administrative Services Agreement (‘ASA’) describing the worker as a “self-employed contractor”.  The second decision determined that two truck drivers, despite providing exclusive delivery […]

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Public Health Order

EMPLOYMENT UPDATE

An employee’s defiance of a public health order was a valid reason for dismissal

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In a recent unfair dismissal decision, the Fair Work Commission (‘FWC’) confirmed that a crane company had a valid reason to dismiss a mobile crane operator (‘employee’), who attended an illegal protest in contravention of a Victorian Government public health stay-at-home order (‘PHO’). Significantly, the FWC rejected the employee’s claim that although he had attended […]

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