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From Mistletoe to Misconduct: Key Lessons from Ramlan Abdul Samad v Phosphate Resources Ltd T/A Christmas Island Phosphates for the Festive Season

The holiday season, a time for festive cheer and workplace celebrations, often presents unique challenges for employers. As workplaces begin their end-of-year celebrations, the case of Samad v Phosphate Resources Ltd T/A Christmas Island Phosphates [2024] FWC 2868 (Samad v Phosphate Resources Ltd) offers some timely lessons for employers regarding the critical importance of proactive education on workplace policies and clear communication about unacceptable workplace conduct.
Blog

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.
Blog

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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Respect at Work: Introduction of the Anti-Discrimination and Human Rights Legislation Amendment Bill 2022

In March 2020, the Australian Human Rights Commission released the ‘Respect@Work: Sexual Harassment National Inquiry Report’ (Report) following almost two years of inquiry into the sexual harassment in Australian workplaces
Blog

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.
Blog

Company directors and officers beware – Imprisonment for WHS breaches a reality

The risk of officers and workers being imprisoned for breaches of WHS legislation has been a possibility for many years but is now becoming a reality.
  • 4 Mar 2019

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