Tag Archives: Employment and Safety

ILN Today Post

OFCS could drop AS/NZS 4801: 2001 requirement

The requirement for builders to obtain AS/NZS 4801:2001 certification before tendering for Commonwealth construction work could be dumped, under a plan to modernise the Australian Government Building and Construction OHS Accreditation Scheme and the Office of the Federal Safety Commissioner (OFSC).  Stakeholders had until 4 April 2014to comment on some or all of 27 questions raised in a new Department of Employment discussion paper on the scheme, including whether AS/NZS 4801:2001 certification should be removed as a prerequisite for applying for accreditation. More…

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The power of policies: notice prevails over disciplinary policy

In an important decision about the effect of policies, the Supreme Court of Victoria has found that an employer did not have to comply with its performance management or disciplinary policies before terminating a senior employee.  The Court dismissed a senior employee’s claim for damages after he was terminated by his employer on four weeks’ notice, without receiving any warnings or performance management. More…

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Explosive investigation uncovers brazen misconduct

An employer has successfully defended its decision to dismiss a shot‑firer engaged in blast operations work in connection with the employer’s operations after it discovered what it considered to be ‘brazen’ misconduct during a workplace investigation.  Despite some deficiencies in the investigation, the employer was able to demonstrate in the Fair Work Commission (FWC) that the employee’s misconduct was sufficiently serious to justify termination. More…

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Schools face new bullying law challenge

The broad coverage of the new bullying laws that commence on 1 January 2014 present schools with additional challenges in how they manage and prevent bullying.

A worker who reasonably believes that he or she is being bullied at work will be entitled to apply to the Fair Work Commission (FWC) for an order to stop the bullying.  Critically for schools, a worker is defined broadly to be an individual who performs work in any capacity, including as: More…

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All talk and no walk: are your people exposed to criminal liability because of what is happening on the ground?

The importance of implementing safety systems on the ground has again been emphasised in a recent decision of the Industrial Court of New South Wales.

A site manager was prosecuted as a self‑employed person by the WorkCover Authority of New South Wales (WorkCover) for failing to ensure that people (other than employees) were not exposed to health and safety risks. More…

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Employment and Safety Update May 2012

A cautionary tale of quick decision and bad temper – avoiding adverse action claims

Small Business Fair Dismissal Code – summary dismissal for out of hours conduct impacting on work

Social media: What goes on tour … goes on You Tube

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A cautionary tale of quick decision and bad temper – avoiding adverse action claims

John-Anthony Hodgens, Partner and Alanna Fitzpatrick, Senior Associate of Gadens Lawyers Brisbane.

Background

A quick decision to suspend all international postings of licensed aircraft engineers and a short-tempered phone-call has resulted in a costly adverse action claim for Qantas. More…

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Employment and Safety – Workplace Investigations Update – May 2012

An employee who developed a psychological injury during the course of a workplace investigation claimed that it arose because of the way the investigation was conducted and claimed workers compensation on that basis. The employee’s claim was successful after the Queensland Industrial Relations Commission (QIRC) found that the investigation was not conducted in a reasonable way.

What happened?

The employee was asked to participate in a workplace investigation that was being conducted by an external investigator. Before meeting the investigator, the employee was told that an investigation was being conducted following complaints about the female manager who had hired her and the employee was asked to participate in the investigation as a witness. The employee was assured that the investigation was not about her and that she need not be concerned about the investigation. On this basis, the employee decided not to bring a support person to the interview. More…

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Employment and Safety Update – April 2012

Mark Sant, Partner, Sydney
Stephanie Nicol, Partner, Sydney
John-Anthony Hodgens, Partner, Brisbane
Nicholas Linke, Partner, Adelaide

27/04/2012

Child care costs payable as compensation for unfair dismissal
To sack or not to sack for taking a “sickie”?
JJ Richards and Sons – a lesson in how not to deal with Unions. More…

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