Posts Tagged ‘Work Health and Safety’
What are Reasonable Additional Hours – Is 50 hours too much?
38 hours a week – with the overwhelming tide of flexibility, wage rises and work from home permeating in the workplace national employment standards make it clear that ordinary hours of work consist of only 38 hours per week. However, in many industries, salaried positions and for non-award covered employees the requirement to work “reasonable…
Read MoreCouncil says Serious Safety breach warrants termination: 2 Garbage Collectors pay a hefty price (3 lessons for Councils)
A 62 year old with 42 years of service with the City of Sydney Council challenged his dismissal which cost him (amongst other things) a $70,000 entitlement. The Commission however found in favour of the Council citing the safety breaches had potential consequences for “catastrophic and avoidable” injuries. In Hamlin v City of Sydney Council [2021] NSWIRComm…
Read MoreFair Work Ombudsman Change their tune regarding COVID-19 Vaccines (a new 4 Tier System)
The Fair Work Ombudsman have now released new guidance to allow Employers in certain circumstances to make compulsory and mandatory COVID-19 vaccine policies. This is a major backflip from the previous guidance but aligns with what I and NB Lawyers – lawyers for employers have said in previous articles on this subject including: 4 Burning Questions Employers…
Read More4 Burning Questions Employers have been asking NB Lawyers – lawyers for employers regarding SPC’s decision and their COVID-19 Mandated Vaccine Policy?
SPC’s recent decision to mandate COVID-19 vaccinations will likely be a legal test for those Employers outside of Aged Care, Health and Child Care. It is a test on several fronts but in particular the practical commercial implications of an Employer dealing with snap lockdowns, quarantining and work from home limitations coupled with legitimate health…
Read MoreSPC Process their way to mandate COVID-19 vaccination for all staff and visitors (8 challenges for Employers to consider)
Cannery manufacturing processor SPC has become the first Australian business outside of the prime areas of Aged Care, Child Care and Health to mandate COVID-19 vaccinations for all staff and visitors. We have already provided guidance and viewpoints on this particular topic in the articles Will Directing An Employee To Take The Vaccine Be Held…
Read MoreWhat is reasonable management action? It does not need to be perfect.
The rise of workplace bullying, unfair dismissal and general protections claims in the Fair Work Commission is not surprising considering the current economic and business climate. Managers and supervisors gaining an understanding of what is reasonable management action done in a reasonable way must be learned and trained – organisations and employers need to seriously…
Read MoreCOVID-19 Policy can protect an Employer from an Unfair Dismissal Claim – 2 burning questions to answer
The COVID-19 pandemic has led to a number of changes in the workplace and as a result, the Fair Work Commission has seen a major spike in unfair dismissal and general protections claims. Minimising health and safety risks through policy development around exposure to COVID-19 is near the top of many lists for human resources,…
Read MoreWill directing an employee to take the vaccine be held reasonable? 3 Takeaways from the “Goodstart Early learning” case
We have discussed at length in two articles Can Australian Employers Force An Employee To Get Vaccinated? 3 Considerations From An Employment Lawyer and COVID-19 Vaccinations Are Coming – What Now? 5 Questions For Australian Employers To Consider whether an Employer can direct an employee to get the COVID-19 vaccination for workplace purposes. In the…
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