November 2019

Safe Work Australia has recently revealed that the number of serious workplace injuries related to bullying and harassment has nearly doubled in Australia since 2009.  Mental health-related  claims that involve workplace harassment or bullying are skyrocketing, with about a quarter of all psychological claims based on allegations of workplace harassment or bullying.  In the 2019/20 financial year, over 1,800 people were compensated for a workplace injury sustained through workplace bullying or harassment.

In light of these numbers, WHS regulators around the country have become increasingly focussed on prosecuting individuals for bullying-related breaches of the national harmonised WHS law.

Highlighting the significant risks for employers, Tad-Mar Electrical Pty Ltd (Tad-Mar) was this month fined $15,000 ( the maximum penalty is $500,000) after pleading guilty to the Category 3 offence of contravening section 33 of the Work Health and Safety Act 2012 (SA) (WHS Act).

The decision follows successful category 1 convictions of both of the individual employees involved in the incident.  This decision is significant as it represents the first conviction for a bullying-related prosecution under the national harmonised WHS law.

The Federal Court of Australia recently decided in favour of a representative proceeding (more commonly known as a ‘class action’) brought on behalf of approximately 150 workers, and backed by the Construction, Forestry, Mining, and Maritime Employees Union against Thiess Pty Ltd, on the question of payment for travel time at the end of a worker’s shift.[1] The case is part of the growing trend of class actions in the employment sphere.

Bill update

As reported in earlier articles on this blog, the Victorian Legislative Assembly has heard the second reading speech of the Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Bill 2019 (Vic) (the Bill) and passed the Bill on 14 November 2019.

The Bill was sent to the Legislative Council on 14 November 2019 at which time it received its first and second reading.  The Legislative Council heard that the Bill seeks to amend the Occupational Health and Safety Act 2004 (OHS Act) to provide for offences for workplace manslaughter and will provide for the establishing of the Workplace Incidents Consultative Committee, made up of family members of victims to advise on future reforms and initiatives. The debate on the Bill was then adjourned and is now listed to be heard on Tuesday 26 November 2019.

Dans une décision majoritaire rendue le 3 octobre 2019[1], la Cour d’appel traite de l’admissibilité en preuve d’une vidéo de filature obtenue en dehors du milieu de travail en vertu de l’article 2858 C.c.Q.

La majorité des juges concluent que l’employeur était justifié de procéder à une filature suite aux recommandations de son…

In an important decision last month, the Full Court of the Federal Court of Australia upheld the appeal of an employer who claimed, in dismissing a client executive who had been absent from work for 7 months due to mental health issues, it had acted lawfully and not dismissed him because of his illness.[1]

The judge at first instance had found the employer liable for breaching the ‘adverse action’ provisions of the Fair Work Act 2009 (Cth) (FW Act) because the employee’s mental illness could not be disaggregated from the employer’s reasons for dismissal.[2] This decision was seen by many as setting a dangerous precedent and employers should welcome the clarification provided by the Federal Court appeal bench.

Depuis le 1er janvier 2019, la Loi sur les normes du travail (LNT) prévoit que les deux (2) premières journées d’absence prises annuellement par un salarié sont rémunérées dans la mesure où il s’agit d’absences pour cause d’obligation familiale, de maladie, de don d’organes ou de tissus, d’accident, de violence conjugale, de…