Posts Tagged ‘workplace 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 MoreDrunk and Intoxicated Employee – how far does Vicarious Liability go to hold an Employer accountable (5 reasons to be concerned)
Vicarious liability (responsibility of an employer for an employee’s actions) has been a concept many employers grapple with on a far too regular basis. A situation involving a drunken employee urinating on a colleague’s face begged the question of employer responsibility. The ever-changing principles of this concept have employers concerned at every company function, even…
Read MoreWorkplace Relationships and Affairs – Is Power Imbalance enough to terminate? 6 key points Employers need to know
Dr. Scott Morrison (Not to be confused with the Australian Prime Minister) lodged an application for unfair dismissal with the Fair Work Commission (FWC) after his employer, Australian National University (ANU) terminated him from his position as Associate Professor in the Mathematical Sciences Institute. Circumstances of the Termination – the case of Scott Morrison v…
Read MorePerformance Improvement Plan is not workplace bullying says Fair Work Commission – 3 Reasons Why?
The issue of workplace bullying has become a prevalent situation in workplaces of late especially those dealing with: Under resourced workforces Hard to manage or underperforming staff Lack of new staff coming in (or difficulty recruiting more) Losing key personnel and those in management roles Challenges around vaccination requirements and Government health orders Restrictions around…
Read MoreMandatory Vaccinations means Mandatory Consultations – FWC decides in BHP full bench case
The Fair Work Commission Full Bench decision of Construction, Forestry, Maritime, Mining and Energy Union & Mr Matthew Howard v Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal [2021] FWCFB 6059 (BHP Case) saw BHP have their mandatory vaccination direction overturned by the Fair Work Commission. It is a significant decision in regard to how COVID-19 vaccine policies and directions should…
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 MoreDisrespectful and aggressive conduct on the Manufacturing Factory Floor outweighs 37 years of exceptional service – 3 Reasons why the Fair Work Commission agreed with the Employer
A manufacturing factory worker with 37 years of exceptional service (with only 1 warning) engaging in misconduct would maybe expect to be given some slack by the Fair Work Commission. However, most if not all manufacturing workplaces will not and cannot accept behaviour and conduct that is: Aggressive Disrespectful Abusive words Lack of contrition or…
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…
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