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Category Archives: Workplace Health & Safety

ALERT: Employers and employees must work together to minimise the affects of COVID-19 on businesses and the community

These are certainly unprecedented times, employers and employees must work together to manage the risks associated with the coronavirus (‘COVID-19’) in the workplace. Measures to reduce the spread will require co-operation and compliance with Federal and Queensland Government (‘Government’) directives and restrictions. We encourage all employers to regularly review the following websites for updates and…

ALERT: Employers and COVID-19

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…

EMPLOYMENT UPDATE: Why Contracts and Policies are Essential

The importance of having well-written employment contracts and workplace policies cannot be underestimated as they can set a very clear framework in which the relationship between the parties will be regulated.  They also provide significant assistance when resolving workplace disputes. Why have employment contracts? Failure to enter into a written contract of employment with employees…

Fairly dismissed for swearing at the boss

Decisions about swearing in the workplace are often some of the more unpredictable decisions in the Fair Work jurisdiction. In this case, the employer succeeded in defending its decision to dismiss an employee by demonstrating that the employee had previously been warned swearing in the workplace prior to his dismissal. The Fair Work Commission heard…

FWC finds obese employee fairly dismissed

In a recent decision by the Fair Work Commission, an obese employee’s unfair dismissal application was dismissed after the employer established that the employee’s obesity and associated medical conditions meant that the employee could no longer perform the inherent requirements of his role. The employee was stood down following a manual handling hazard and risk…

Get your facts strange or risk unfair dismissal

A large rail industry employer has been ordered to reinstate a train driver after he was dismissed for what the employer deemed were breaches of safety protocols. The first incident relied upon for the termination was the employee leaving his co-driver behind after she disembarked the locomotive for a toilet break. The co-driver was found…

Attempt to widen motel sex case decision dismissed

In a recent case concerning a tanker driver and his application for workers compensation, Justice Bromberg of the Federal Court of Australia rejected the employer’s interpretation of the much discussed ‘motel sex case’. Motel sex case revisited To understand the implication of this recent case, it is necessary to revisit the details of the famed…

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