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ALERT!

Do you employ casual employees? Are you ready for 27 September 2021?

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Aitken Legal has previously reported on the amendments to the Fair Work Act 2009 (Cth) (FW Act) that commenced on 27 March 2021 – New statutory definition of ‘casual employee’ – clarifies previous uncertainty around casual employment’. Below is a summary of the amendments: Introduction of a new definition of ‘casual employee’ Introduction of a […]

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EMPLOYMENT UPDATE

Trusted Senior Manager misused employer’s confidential information to set up in competition

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This month’s Employment Update looks at the recent Federal Court decision, Verix Pty Ltd v Williams [2021] FCA 748 (‘decision’). In this decision, the Federal Court concluded that a Senior Business Development Manager (with the assistance of others) had misused the employer’s confidential information to set up a business in competition, breaching “contract, statutory duties, […]

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ALERT!

Employee “tormented” by sexual harassment at work has compensation increased by $100k

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Employers need to stamp out inappropriate conduct in the workplace warns specialist Employment Law firm, Aitken Legal.  This comes as a former employee of a Brisbane laundromat had compensation increased on appeal to the Industrial Court of Queensland, to $28.702.60 for economic loss and $130,000 for general and aggravated damages.  The increased compensation is $100,000 […]

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Casuals

ALERT!

A High Court win for WorkPac – no leave entitlements for regular and systematic casual employee

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One of the most significant decisions in employment law recently, was the decision of the Full Federal Court which found that a coal mining employee, Mr Rossato, was entitled to paid leave entitlements, despite being engaged as a casual employee.  However, in a significant decision for Australian employers, this week the High Court of Australia […]

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Resignation 2

EMPLOYMENT UPDATE

Resigning employee awarded 14 weeks’ compensation in successful unfair dismissal claim

In the decision of Mrs Kerri Trail v O’Brien Group Australia [2021] FWC 4048, the Fair Work Commission (‘Commission’) determined that an employee who had tendered a written resignation to her employer was in fact unfairly dismissed and awarded the employee 14 weeks’ compensation ($28,269) minus various deductions. Background The employer is a large privately-owned […]

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Covid vaccination

EMPLOYMENT UPDATE

Can employers mandate covid-19 vaccination for workers?

Australia is currently experiencing several community outbreaks across the country.  Across the nation many restrictions have been re-introduced in recent weeks. Unvaccinated workers working in high risk workplaces can be a significant contributing factor to the spread of the COVID-19 virus.  There is also mounting pressure on Federal, State and Territory Governments to mandate COVID-19 […]

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Employee vs Independent Contractor

EMPLOYMENT UPDATE

“Modern, rapidly changing workplace” is impacting traditional arrangements for employment FWC conclude Deliveroo delivery rider is an employee

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This month’s Employment Update looks at the recent unfair dismissal decision of the Fair Work Commission (‘Commission’), Diego Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818 (18 May 2021) (‘Deliveroo decision’). In this decision, the Commission concluded that delivery services provided by a Deliveroo delivery rider and arranged by computer-based applications (Apps), constituted an […]

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EMPLOYMENT UPDATE

New statutory definition of ‘casual employee’ – clarifies previous uncertainty around casual employment

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After much debate in the Senate, the Federal Government’s Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 has passed through Parliament but in a significantly reduced form. While the Federal Government’s more broader reforms of the industrial relations system were not proceeded with, the casual employment reform provisions survived. The Bill introduces […]

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