New WHS Code of Practice: Managing Risks in Stevedoring Offers useful guidance for Employers in the stevedoring industry to review and update their WHS systems. Provides direction regarding management of the safety risks involved with stevedoring activities such as: loading or unloading vessel cargo; stacking and storing on wharves; and receiving and delivering cargo within […]
Unsafe Working Environment Comes Crashing Down for Employer
In a recent case before the NSW District Court, City Projects Pty Limited (‘the Offender’) was fined a large penalty of $167,000 for failing to comply with its health and safety duties under s 19(1) of the Work Health and Safety Act 2011 (‘the WHS Act’), when it exposed a subcontractor to a risk of […]
Employer Negligent and Liable for “Unprecedented Situation”
In a recent case before the Supreme Court of Victoria, Ceva Logistics Australia Pty Ltd (‘the Employer’) was found to be contributorily negligent and liable for 35% of an employee’s $2 million damages award.[1] Mr Ugo Meli (‘the Employee’) was confronted with what Judge McDonald described as an “unprecedented situation” when eight metal load security […]
Employee’s Morbid Obesity Leads to Valid Termination
The Federal Circuit Court of Australia (‘FCCA’) recently dismissed a security guard’s (‘Mr Findlay’) adverse action claim in which he alleged that MSS Security Pty Ltd (‘the Company’) discriminated against him on the basis of his disability [1]. Background On 1 February 2016, Mr Findlay commenced employment with the Company in the position of a […]
Fair Work Amendment (Protecting Vulnerable Workers) Act 2017: What are the implications for employers?
No doubt you have heard whispers about the Federal Government’s Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (Cth) in recent months. Now, it’s time to get serious and ensure you are abreast of the key provisions. Why? – on 15 September 2017 the new legislation, the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 […]
Resignation Leads to Unfair Dismissal and Reinstatement: The importance of procedural fairness
In a recent unfair dismissal case1 heard by the Fair Work Commission (‘FWC’) an aged care worker Ms Tavassoli (‘the Applicant’), who was successful in her claim that she was constructively dismissed, was reinstated due to significant deficiencies in her employer, Bupa Aged Care Mosman’s (‘Bupa’) investigative process. At the aged care facility where the […]
Conviction and $120,000 fine for employer’s failure to consult with host employer – What is the duty to consult with other duty holders?
In the first prosecution of its kind under the harmonised work health and safety (“WHS”) laws, the South Australian Industrial Relations Court (“SAIRC”) in Boland v Trainee and Apprentice Placement Service Inc [2016] SAIRC 14 (“Boland v TAPS“), held an employer company liable under section 46 of the WHS Act (South Australia) for failing to, […]
Work Health & Safety Audits – is it time for a spring clean?
Being employment specialists, we get a flutter of excitement when we see our clients have implemented robust yet practical policies and procedures in their workplace. We understand the delicate nature of implementing shiny new policies, and appreciate the time it takes you, our clients, in revising and implementing policies, particularly those relating to WHS. A […]
Casual Conversion Clause to be Introduced Into Modern Awards
As part of the Fair Work Commission’s (‘FWC’) modern award review, the FWC Full Bench (‘FWCFB’) has handed down its decision on the union movement’s “Casual and Part-time Employment Case” and in doing so, it has put forward a draft model casual conversion clause (‘Casual Conversion Clause’). The decision to include a Casual Conversion Clause […]
Thirteen Days Between Conduct And Dismissal Renders Summary Dismissal “Harsh And Unreasonable”
The Fair Work Commission (‘FWC’) has held Note Printing Australia’s (‘the Employer’) summary dismissal of an employee, Mr Hemmingson, “harsh” and “unreasonable” primarily due to a delay between the conduct warranting dismissal, and the dismissal itself. On 21 July 2016, Mr Hemmingson sent a series of emails that contained the Employer’s confidential and sensitive information […]