In this matter, the part-time employee (Applicant) had submitted a formal Flexible Work Arrangement request to his employer, FedEx (Respondent), that he be allowed to work from home 100% of the time (four days per week). The request was based on the fact Mr Ridings...
The recent decision of the Federal Court in the matter of Dorsch v HEAD Oceania Pty Ltd (penalty) [2024] FCA 484 has highlighted the importance of employers promptly paying employees their accrued entitlements on termination of employment. The Respondent employer was...
Details of the Enforceable Undertaking can be found here. Pro Ten Holdings Pty Ltd was the owner of a farm in Griffith NSW, where a worker employed by a contractor was fatally injured when he was struck and run over by a reversing telehandler operated by another...
WorkSafe has commenced the first prosecutions under the Work Health and Safety Act 2020 (WA) (WHS Act), which came into effect in March 2022. Details of the prosecutions can be found here. The commencement of several prosecutions in April 2022 no doubt coincides with...
In a recent article, our Workplace Relations, Employment and Safety Team wrote about whether WorkSafe will soon move from “Education to Enforcement” of psychosocial hazards. Our lawyers have now identified 12 tips to consider in ensuring key documentation is in place...
Last week the Magistrates’ Court of Victoria fined Court Services Victoria $379,157, for what the Court heard was a “toxic workplace culture”. Staff had been exposed to psychosocial hazards over a three-year period, which ultimately contributed to the suicide of one...
In the decision of CCIG Investments Pty Ltd v Schokman [2023] HCA 21 (handed down on 2 August 2023) an employer was found not to be vicariously liable for the conduct of one of its employees when he urinated on a fellow employee who was sleeping in their shared staff...
The recent FWC decisions of Salim v AFA Sheetmetal Components Pty Ltd, Daniel Paragalli [2023] FWC 1834 (decided on 25 July 2023) and Judith Tozer v The Trustee for the Downie Family Trust [2023] FWC 1847 (decided on 26 July 2023) demonstrate the problems that can...
The updated Information Sheet complements the Code of Practice: Construction Work and provides very useful guidance to PCBU’s on the function, content and application of SWMS, including outlining information around: the common High Risk activities for which a SWMS is...
While the incident occurred outside of Western Australia, the primary duty provision that the offender breached mirrors that contained in s19 of the Work Health and Safety Act 2020 (WA). The case should serve as a timely reminder for WA businesses with control of...