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Actionable steps and real-world commentary on topical issues in the world of employment and safety law.
Page 13 of 24 — 209 articles
Bullying has tended to have taken a bit of a ‘back seat’ following all the recent publicity around the Respect@Work changes. Nonetheless, it is a recognised psychosocial hazard and needs ongoing attention. Safety regulators have demonstrated that they will intervene from worker level (e.g. other employees, supervisors etc) right up to officer level (e.g. senior managers, company directors etc).
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All businesses experience the pre-Christmas rush. Workplaces seek to ‘clear the decks’ before they ‘deck the halls’ with their family and friends, and this in turn places additional demands on other workplaces. The cycle is unhelpful for all businesses and is likely to contribute to fatigue of workers. The post COVID-19 work spike has been well documented. For a lot of businesses, there has been no respite
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For most businesses, the restrictions on the use of fixed and maximum term contracts have already become operative as of 6 December 2023
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FWC has confirmed the long held understanding that failing to meet reasonable KPIs will be a valid reason for dismissal but unreasonable KPIs will be unfair.
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Christmas is a great time of year but unfortunately, work functions can be fertile ground for incidents that lead to not only WHS claims but also: sexual harassment, sex based harassment, hostile work environment, sex discrimination, victimisation (collectively the Respect@Work obligations), plus bullying, adverse action, unfair dismissal, and privacy claims as well. With the introduction of the new positive duty for the Respect@Work obligations, employers now have multiple proactive and preventative obligations to ensure that Christmas functions are safe for their employees and others who attend (eg clients, customers, food and beverage staff etc).
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Last week the High Court confirmed that employees must be given a choice as to whether they will agree or refuse to work on a public holiday. This now settles the law in this area.
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The Melbourne Magistrate’s Court recently fined Court Services Victoria nearly $380,000 as a result of a toxic workplace culture that it considered had contributed to a Coroner’s Court lawyer’s suicide.
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A resounding “Yes” according to FWC (Thien Huy Xuan Dang v Coca-Cola Europacific Partners Australia Pty Ltd (U2023/1175)) after the employer was found to have fairly dismissed a worker who regularly and deliberately set their cruise control above the speed limit.
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Unsafe job demands, according to Comcare’s National Regulatory Program Director, are the most common psychosocial hazards in workplaces at the moment.
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