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Tips & Trends

Actionable steps and real-world commentary on topical issues in the world of employment and safety law.

Page 16 of 24 — 209 articles

9 December 2022

Can an Employer be responsible for an Employees psychological injuries suffered in an out of hours assault by a client?

Yes. In Bell v Nexus Primary Health, the Employer was held liable for its Employee’s sustained psychological injury and ordered to pay $1.24M in damages after the Employee (a family outreach worker) was attacked by the husband of a previously assessed high risk client while on the way to work. This attack occurred when she was exiting her car outside her doctor’s office which resulted in the Employee suffering from PTSD and rendering her unable to work. The Employee was also subjected to further threats and even had bricks thrown through her house window.

Safety

2 December 2022

Working from Heights - Safety Message not getting through to PCBU s

In a recent ruling, the NSW District Court has regretfully made comment that it seems the general deterrence message of PCBU penalties for safety breaches is “not getting through to employers who require their workers to work at height – inherently dangerous work.”

Newsletter

28 November 2022

Christmas functions - A timely reminder

A recent South Australian Employment Tribunal (SAET) decision which found that a worker’s alcohol-related injury sustained at a work Christmas function occurred in the course of her employment, is a timely reminder for all employers heading into the silly season.

Newsletter

25 November 2022

Ten days paid Family and Domestic Violence Leave becomes law in Australia

The Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 passed both houses of Federal parliament on 27 October 2022. The new legislation amends the NES to provide full time, part time and casual employees ten days paid family and domestic violence leave (FDVL) in a 12 month period.

Enterprise Agreements

11 November 2022

Is it time to finally move away from my nominally expired or Zombie Agreement?

Yes. Whilst the pressure has been on business to upgrade nominally expired enterprise agreements and particularly those pre-Fair Work agreements (Zombie Agreements) since FWC has taken more interventionist approach regarding their termination, the new Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Bill) will only further compound such interventionist approaches.

Newsletter

8 November 2022

How far will the new Labor government go in terms of interfering with management prerogative?

It seems much further than the previous Liberal government, if the new Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Bill) is anything to go by.

Employee Entitlements

28 October 2022

Should business plan for the Same Job Same Pay (SJSP) legislation?

Yes, despite full implications being at this stage unknown, businesses should keep an eye on the passage of the SJSP legislation as industry groups have warned of the likelihood of added wage pressures and skill shortages it will create.

Newsletter

12 October 2022

New Respect@Work Changes

The new Labor government has made good on its promise to implement all of Kate Jenkins’ 55 Respect@Work recommendations by introducing a Bill to Parliament. The Bill is not yet law but its passage is unlikely to be significantly amended.

Risk and Compliance

6 October 2022

Rectifying overpayments to employees

Overpayment to employees is just as common as underpayment. While overpayment itself is not unlawful, rectifying overpayments by clawing back this amount can be a tricky process and if not done correctly, can be unlawful.

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Tips & Trends

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