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Actionable steps and real-world commentary on topical issues in the world of employment and safety law.
Page 12 of 24 — 209 articles
A recent NSW district court decision (SafeWork NSW v Marist Youth Care Limited [2024] NSWDC 74) has imposed fines and costs totalling $440,000 after employees were subject to sexualised and aggressive behaviour in a community-based residential home program.
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A recent FWC case (Application by Josh Whiteford [2024] FWC 552) has once again endorsed the position that managers carrying out legitimate and genuine performance management techniques including issuing a warning to poor performers is not bullying.
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Possibly. As a general rule the higher up in the ‘foodchain’ you are in an organisation the more likely the expectation you meet WHS Officer duties. Unhelpfully this question is really only able to be determined on a case-by-case basis but thankfully there are now some recent cases which have provided some guidance in this area.
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The Full Federal Court (Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45) has recently found that employers have an obligation to assess whether employees in a redundancy situation could replace already engaged contractors (not other employees) before making them redundant.
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FWC recently found (Charles Gregory Gregory v Maxxia Pty Ltd [2023] FWC 2768) an advisor with an inflammatory bowel disease (IBD) and custody pressures was unable to utilise the flexible work provisions to resist his employers request to return to the office 40% of the time in accordance with its Hybrid Work Policy.
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The traffic accident on Melbourne’s Eastern Freeway that resulted in the deaths of four police officers has resulted in: • the national operations manager - 3 years' jail • the driver - 14.5 years jail • company $2.31 M fine
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The FWC (Momirovski, Douglas, Serafini, Naumcevski and Egan [2023] FWC 3299) has recently refused to make stop bullying orders against an ‘exasperated manager’ who allegedly yelled at workers when managing them to perform their duties.
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The Closing Loopholes legislation sought to provide further clarity to the vexed issue concerning ‘regular’ Casuals. It hasn’t.
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2023 marked the first real year of significant IR changes since the introduction of the Fair Work Act. The Labor government has certainly indicated (and already implemented) a far more interventionist IR approach than we have seen for some time.
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