Employment Law Archives - Potts Lawyers

24 February

Sticky

Work Health and Safety Act Duties and Offences for Employers in Australia

Work Health and Safety Act Duties and Offences for Employers in Australia Employers across Australia have a legal responsibility to protect the health and safety of workers. Most business owners understand this at a general level. However, many do not realise how broad these duties are, who they apply to, and how severe the penalties can be for non-compliance. The Work Health and Safety Act (WHS Act) sets out strict obligations for employers, officers, workers, and others at the workplace. Importantly, breaches can lead to major fines, criminal charges, and even imprisonment. This guide explains the key WHS duties, offence categories, and the...

09 February

0 Comments

Sticky

Industrial Manslaughter in Queensland (Work Health and Safety Act): Offences, Penalties and Prosecutions

Posted by Andrew Hanlon

in Employment Law

Industrial Manslaughter in Queensland (Work Health and Safety Act): Offences, Penalties and Prosecutions Industrial Manslaughter in Queensland The charge of Industrial manslaughter is one of the most serious offences under Queensland workplace safety law. It was introduced to ensure that businesses and senior decision-makers can be held criminally responsible when workplace negligence results in the death of a worker. Part 2A of the Work Health and Safety Act 2011 (Qld), introduced in 2017, creates the offence of industrial manslaughter. This part of the Act is designed to allow certain people to be held criminally responsible when a worker dies, or is injured and...

03 February

0 Comments

Sticky

Workplace Investigations for Serious Misconduct

Posted by Potts-Lawyers

in Employment Law

Workplace Investigations Generally A workplace investigation for misconduct refers to a process where an employer or an appointed third party investigates allegations of improper, unethical, or illegal behaviour by an employee in the workplace. The purpose of the investigation is to determine whether the misconduct took place, the extent of the misconduct, and who was responsible. This information is then used to make informed decisions about appropriate disciplinary action or other remedial measures. The alleged misconduct being investigated can range from harassment, discrimination, theft, fraud, and other forms of unethical behaviour. Misconduct can also involve allegations of failing to abide by the employer’s internal...

13 December

0 Comments

Sticky

The role of the Briginshaw Principle in Workplace Investigations involving Serious Misconduct

Posted by Potts-Lawyers

in Employment Law

What is the Briginshaw principle? The Briginshaw principle derives from Briginshaw v Briginshaw (1938) 60 CLR 336, which is an important case in the development of the common law, and it established several key principles that continue to be applied in many legal contexts, including workplace investigations. The Briginshaw principle does not change the standard of proof in workplace investigations but rather guides the decision-making process in assessing the evidence. Generally, the Briginshaw principle holds that when determining whether an allegation of misconduct is proved, the decision-maker must take into account the seriousness of the consequences of the finding, the seriousness of...

26 June

0 Comments

Sticky

Case Study – Jurisdictional Objection to an Unfair Dismissal Case

Posted by Chris Korbel

in Employment Law

We previously successfully acted for an employer who was served with an unfair dismissal application. The applicant was self-represented. In our client’s submissions we raised jurisdictional objections on the basis that: the applicant had not satisfied the minimum employment period in the context of a small business employer as required under the Fair Work Act 2009 (Cth); and our client was a small business who had complied with the Small Business Fair Dismissal Code. It was submitted in our client’s submissions that by reason of the jurisdictional objections raised, the applicant was not entitled to protection from unfair dismissal under the Fair...

24 February

0 Comments

Sticky

Anti-Discrimination Law Reform on the Horizon in Queensland

Posted by Potts-Lawyers

in Employment Law

QHRC Review Report The Queensland Human Rights Commission (QHRC) has concluded its review of Queensland’s 30 year old legislation, the Anti-Discrimination Act 1991 (Qld). The review involved wide ranging consultations with more than 120 stakeholders, 4 public consultations, and 6 roundtables. The report, titled “Building belonging: Review of Queensland's Anti-Discrimination Act 1991”, was tabled in parliament on 1 September 2022, and includes 46 recommendations to strengthen and clarify discrimination laws in Queensland. According to the QLS, the Commissioner of the QHRC, Mr Scott McDougall, identified the following aims of the recommendations within the report: Eliminating discrimination by introducing a new Act with objects...

01 February

0 Comments

Sticky

Navigating the complexities of workplace investigations involving allegations of criminal conduct

Posted by Potts-Lawyers

in Employment Law

When workplace investigations involve allegations which may amount to criminal conduct, a different legal strategy is almost always required to protect the client’s interests. Employees who face serious allegations of criminality in a workplace environment may be in a position where they risk not only losing their job, but also face criminal sanctions (which may include imprisonment). In these cases, employers will also need to be careful on how they handle the investigation and disciplinary process, since there is often significant overlap between the criminal law and employment law aspects of the matter, which are often difficult to navigate. When an employee becomes...

22 September

0 Comments

Sticky

Can Employers Implement Mandatory Vaccinations?

Posted by Genevieve Bowen

in Employment Law

We are no strangers to the ethical complexities that arise when managing competing duties, rights, and interests. Unfortunately, amid a global pandemic, we see many Australian employers and employees across all professions struggling with this challenge. How different workplaces choose to adapt to living with COVID-19 will be on a case-by-case basis. On a global scale we have seen a major rise in mandatory vaccinations, resulting in job losses and restraints on access to specific venues and businesses for those who have not been vaccinated. This article explores the circumstances where mandatory COVID-19 vaccination may be lawful and reasonable, the rights and...

04 March

0 Comments

Sticky

Workplace Investigations and Responding to Allegations of Misconduct

Posted by Chris Korbel

in Employment Law

At face value, responding to allegations of misconduct may seem simple; you put forward your version of events and that’s it, right? Not exactly. This article will provide three general reasons about why responding to allegations of misconduct may not be as simple as one might think. Reason 1 - Procedural Fairness A crucial requirement of any workplace investigation is generally that the subject of alleged misconduct must be afforded procedural fairness. Put simply, this means that sufficient and appropriate opportunities must be provided to the subject to respond, and all evidence which is being relied upon by the decision-maker ought to...

21 January

0 Comments

Sticky

Part I – The Requirements of Unfair Dismissal

Posted by Chris Korbel

in Employment Law

When an employee is dismissed from their employment, an important consideration for the parties is determining whether the dismissal was unfair. Failing to consider this factor can lead to issues for an employer and may entitle the employee to compensation. There are particular circumstances where an employer is well within their right to dismiss a person from their employment, which is usually based on justified and well-established grounds for dismissal. In some cases, an employee is might have been dismissed on the basis of unsubstantiated allegations or inappropriate personal reasons. Whatever the circumstance, it is important to note that time limits apply to...

Work Health and Safety Act Duties and Offences for Employers in Australia

Industrial Manslaughter in Queensland (Work Health and Safety Act): Offences, Penalties and Prosecutions

Workplace Investigations for Serious Misconduct

The role of the Briginshaw Principle in Workplace Investigations involving Serious Misconduct

Case Study – Jurisdictional Objection to an Unfair Dismissal Case

Anti-Discrimination Law Reform on the Horizon in Queensland

Navigating the complexities of workplace investigations involving allegations of criminal conduct

Can Employers Implement Mandatory Vaccinations?

Workplace Investigations and Responding to Allegations of Misconduct

Part I – The Requirements of Unfair Dismissal

Quick Links

Quick Confidential Enquiry

Contact Details