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Employers must be enforcers: the importance of enforcing safe work policies

Norton Rose Fulbright LLP
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Australia
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August 18 2009

In late November 2006, Dong Wang (Wang) fell to his death from the prong of a forklift attachment, after being raised 5.8 metres by the forklift operator, Jeffrey Poole (Poole

Comcare prosecutes for food allergy death

Norton Rose Fulbright LLP
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Australia
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September 21 2009

In Comcare v Commonwealth of Australia (2009) 257 ALR 462, the Federal Court of Australia fined the Commonwealth $210,100 following a prosecution brought against it by Comcare for a contravention of the Occupational Health and Safety Act 1991 (Cth) (the OHS Act) by the Australian Army Cadets (AAC

To appeal or not to appeal

Norton Rose Fulbright LLP
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Australia
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September 21 2009

The decision in Director-General, Department of Ageing, Disability and Home Care v Lambert 2009 NSWCA 102 involved an appeal to the New South Wales Court of Appeal on questions of administrative law from a decision of the Government and Related Employees Appeal Tribunal (Tribunal

Resignation not always a fait accompli

Norton Rose Fulbright LLP
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Australia
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September 24 2009

This matter concerned an application by Ms Lenora Peary (Employee) for a remedy pursuant to s643 of the Workplace Relations Act 1996 (WR Act) on the grounds that the termination of her employment by Australian Hearing (Employer) was harsh, unjust or unreasonable

Employee who misused confidential information held accountable for profits

Norton Rose Fulbright LLP
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Australia
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September 24 2009

The Western Australian Supreme Court recently required an ex-employee who set up a competing business using confidential information to account to his old employer for the profits he made as a consequence

Careless drafting costs money

Norton Rose Fulbright LLP
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Australia
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December 21 2009

A recent decision of the Federal Magistrates Court illustrates how simple drafting failures, in the context of an industrial agreement, can lead to significant commercial and financial consequences

Knock, and it shall be opened unto you

Norton Rose Fulbright LLP
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Australia
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December 21 2009

As the Model Work Health and Safety Bill released on Friday heralds an expansion of unions’ right to enter workplaces on OHS grounds, a recent decision of the Federal Magistrates Court provides a timely reminder of the costly consequences of refusing entry to authorised union officials - even where the relevant employees are not your own

Employers should ensure they are proactive in managing complaints involving discrimination or harassment

Norton Rose Fulbright LLP
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Australia
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September 24 2009

The recent case of Poniatowska v Hickinbotham 2009 FCA 680 (23 June 2009) again demonstrates it is crucial that discrimination and harassment risks be proactively managed in the workplace

Using the contact list

Norton Rose Fulbright LLP
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Australia
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December 21 2009

An employer has been successful in restraining a former employee and her new employer from using the old employer’s contact list in the recent decision of Prime Creative Media Pty Ltd v Vranjkovic 2009 FCA 1030