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A Failure to Consult: The Fair Work Commission...

Making logical changes to workplace processes should be simple and straight forward. However, a recent decision of the Fair Work Commission (FWC) confirms that employers still need to make sure they follow the additional step of proper employee consultation, or risk a poor outcome in the Commission. This means managers need to ensure employees' feedback has not only been sought, but also be able to demonstrate how employee feedback has influenced the process and been accounted for in the final outcome(s).  

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Firm News

Hicksons recognised in Doyle’s Guide 2024

We are delighted to be recognised as a leading law firm in the 2024 Doyle’s Guide across the following categories:

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Firm News

Special Counsel Kezia David Named Among...

Special Counsel Kezia David recognised among Australasian Lawyer’s Elite Women 2024 for excellence in insurance law.

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Why Just Having Policies And Procedures For Workplace Violence And Sexual Harassment Isn’t Enough?

Why Just Having Policies And Procedures For Workplace Violence And Sexual Harassment Isn’t Enough?

Workplace Health and Safety (WHS) has historically been all about physical injuries and risks in factories and construction sites, but a recent decision of the NSW District Court (the Court) broadened that traditional thinking.
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Falling from Heights – Courts consider imposing fines which might crush business viability

Falling from Heights – Courts consider imposing fines which might crush business viability

In recent years, District Court Judges have dramatically increased the penalties that businesses, their staff and owners (officers) face for Workplace Health and Safety (WHS) breaches. Firmly within their sights has been matters of workers falling from heights - and arguably rightfully so. Despite this, the recent involvement of Hicksons Lawyers in a fall from heights prosecution delivered a verdict that demonstrated that the Courts are not aimlessly imposing crushing fines with the sole purpose of destroying the culprit business. Rather, subject to the circumstances, the Courts are still willing to exercise their discretion to significantly reduce the penalty imposed.  
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COVID-19 guidance for employers from the safety regulators

COVID-19 guidance for employers from the safety regulators

While most businesses are returning to more normal operations following rolling lockdowns, it’s not all smooth sailing for employers and managers. Many business and employment decisions on how to best respond to and plan for COVID-19 related impacts are being made with little guidance from Governments or legal precedents.
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COVID-19 and Vaccinations – The balance employers need to strike

COVID-19 and Vaccinations – The balance employers need to strike

Australia’s employment laws and regulations can be complex when applied to real world situations. Complexity, change and adaptability are challenges that all business and their employees are having to negotiate across 2021 and into 2022. As COVID adapts into increasingly threatening strains, organisations are forced to respond with new policies and approaches to reflect our changing circumstances. Some, but not all, of those changes are either mandated or guided by Government directions, laws and responses. Additionally, not all government directions cover all situations or industries.
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Clinical Trial approval where potential participants lack the capacity to consent

Clinical Trial approval where potential participants lack the capacity to consent

The Clinical Manager of a Hospital, applied to The NSW Civil and Administrative Tribunal for approval to conduct a clinical trial, a double-blind, randomized, placebo-controlled study to investigate the efficacy and safety of cannabidiol (CBD) which is an add-on therapy in the treatment of tuberous sclerosis complex (TSC) (GWP42003-P Trial) [2017] NSWCATGD 30. 

  • 12 Feb 2018

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Dealing with injured employees when evidence of their capacity to safely return is light

Dealing with injured employees when evidence of their capacity to safely return is light

A prudent employer, faced with an employee who has taken leave due to an illness or injury and wants to return to work, should consider what information it needs to be satisfied the employee can safely return to work.  This can prove difficult if the employee is non-communicative, refuses to provide information about the injury or condition beyond generic medical certificates or does not attend medical assessments.

  • 24 Apr 2017

Blog
Up up and away for drones

Up up and away for drones

From 29 September 2016 new rules for the operation of remotely piloted aircraft (RPA) in Australia will come into effect. 

  • 1 Sep 2016

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