Health, Wellbeing & EEO

Managing the risk of workplace bullying – A renewed focus on psychosocial risks

This article examines the recent trend in Victoria – and nationally – of prosecutions by regulators for failures to prevent workplace bullying, and the practical steps that employers can take to mitigate the associated risks. Key takeouts In light of WorkSafe’s renewed focus on psychosocial risks and the courts’ toughening stance on breaches of the...

Dismissal, Behaviour, Investigations

Consultation: is a dismissal harsh, unjust or unreasonable without it?

Does an employee have to be consulted, in accordance with an applicable industrial instrument, about their impending termination? According to a recent decision1 by the Fair Work Commission (FWC), not necessarily. But what about the obligation under the industrial instrument to consult with an employee before terminating their employment? Deputy President Binet (DP Binet) said that...

Injury, Safety & RTW

Industrial manslaughter laws tested in first charges

A Queensland company has been charged with industrial manslaughter in what might become the first conviction for industrial manslaughter under the Work Health and Safety Act 2011. Brisbane Auto Recycling Pty Ltd was charged with industrial manslaughter.  Two directors, Asadullah Hussaini and Mohammad Ali Jan Karimi have been charged with category 1 offences under Work...

Employee Relations & IR

New Zealand: Compensation for Employee Availability

An Employment Court decision has confirmed if employers want their employees to be available outside of their normal working hours, then they must pay for their availability, even if they don’t do any extra hours. NZ Post was taken to the Employment Court by the Postal Workers Union, challenging them on the question of whether...

Disputes, Liabilities, Case Law