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Workplace manslaughter legislation introduced in Victoria (Part 2)

Nicki MilionisDaniel MacphersonBy Nicki Milionis and Daniel Macpherson on Posted in Australia, General
Yesterday, 30 October 2019, the Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Bill 2019 (Vic) (the Bill) received its second reading speech in the Victorian Legislative Assembly. The Bill, if passed, provides for the new offence of ‘workplace manslaughter’ to come into operation on a day to be proclaimed or on 1 July … Continue reading

Industrial Manslaughter laws introduced to Victorian parliament today

Nicki MilionisBy Nicki Milionis on Posted in Australia, General
As reported in our earlier article (found here), the Victorian government announced in 2018 that it would introduce an industrial manslaughter offence. The Minister for Workplace Safety, The Hon Jill Hennessy, today announced that new ‘workplace manslaughter’ laws were introduced in Parliament. The Workplace Safety Legislation Amendment (Workplace Manslaughter and other matters) Bill 2019 has … Continue reading

First Industrial Manslaughter prosecution in Queensland

Nicki MilionisDaniel MacphersonBy Nicki Milionis and Daniel Macpherson on Posted in Australia, General
On Friday the Minister for Industrial Relations announced the first prosecution in Queensland for industrial manslaughter under the Work Health and Safety Act 2011 (Qld) (the Act). The industrial manslaughter prosecution has been brought against Brisbane Auto Recycling Pty Ltd (Brisbane Auto) arising from the fatality of a worker killed by a reversing forklift on … Continue reading

Shining the spotlight on dust lung disease in Queensland: a regulatory response for the resources industry

Katherine MorrisPeta WilloughbyMatt WichlinskiBy Katherine Morris, Peta Willoughby and Matt Wichlinski on Posted in Asia Pacific, Australia, General
Since 2015, Queensland’s resources industry has been shaken by the re-emergence of dust lung diseases, largely among the State’s large coal mining workforce.  So far, more than 130 workers have been diagnosed with incurable forms of lung disease across Australia, resulting in 6 Queensland deaths in the past 12 months.[1] The State Government has responded … Continue reading

Service Provider or Labour Broker? How to tell the difference

Karen Ainslie (ZA)By Karen Ainslie (ZA) on Posted in General, South Africa
In January 2019 the Labour Court decided a contractor,that was appointed in terms of a service level agreement, operated as an independent service provider not as a labour broker. The distinction is critical because the deeming provisions in section 198A of the Labour Relations Act, 1995 (LRA), applies to labour brokers but not to independent service providers. … Continue reading

The WHS Response to psychological health and a PCBU’s obligations

Nicki MilionisTanya PuriBy Nicki Milionis and Tanya Puri on Posted in Asia Pacific, Australia, General
Psychosocial hazards and work-related stresses are amongst the most challenging workplace health and safety issues. In recent times, there has been an increased focus by WHS regulators on ‘mentally healthy’ workplaces. Organisations are expected to have appropriate systems in place to eliminate or reduce psychosocial hazards, such as bullying and harassment, to effectively respond to … Continue reading

Launch of the Federal Employment Guide for Employers: September 1 Amendments to Part III of the Canada Labour Code

Natasha HyppoliteStéphane EricksonBy Natasha Hyppolite, Stéphane Erickson and Heather Cameron on Posted in Canada, General
A suite of changes to Part III of the Canada Labour Code (the Code) are coming into force on September 1, 2019, that will confer new rights to employees. For many federally regulated employers, these amendments, brought under Bills C-86 and C-63, will have a significant impact on their workplaces and businesses. To assist employers … Continue reading

The End of Free Movement in the UK?

Global Workplace InsiderBy Aida Geragusian on Posted in Europe, General, UK
The UK Government’s announcement, that free movement will end the day after a no deal Brexit on 31 October 2019, has left many wondering how the rights of EU citizens will be impacted in the days that follow. Whilst some have speculated that it is unlikely that this means anything different than the original ‘no … Continue reading

Free Menstrual Products in Federally-regulated Workplaces Proposed

Denyse BouletBy Denyse Boulet on Posted in Canada, General
On May 4, 2019, in the Canada Gazette, the Labour Program of the Department of Employment and Social Development (the “Labour Program”) announced a proposal to require all federally regulated employers to provide free menstrual products in the workplace for employees “due to the shame and stigma that often surrounds menstruation.” In addition, the Labour … Continue reading

UK Pensions: Regulator ramps up “green” investment guidance for revised SIPs

Lesley HarroldBy Lesley Harrold on Posted in General, UK
New guidance from the Pensions Regulator reflects recent legislative changes requiring trustees of occupational pension schemes to set out their policies on environmental, social and governance (ESG) issues which may influence their investment decisions. The new law From 1 October 2019, changes apply governing the way pension schemes prepare and revise their investment disclosure documents, including … Continue reading

Alcohol at work: can the employer apply a zero tolerance policy?

Laure JoncourBy Laure Joncour on Posted in Europe, France, General
A decision of the Supreme Administrative Court (“Conseil d’Etat”) of 8th July 2019 has overruled the decision of a work inspector (“inspecteur du travail”) who had rejected a zero tolerance policy regarding the consumption of alcohol during working hours for certain classes of employees in a company. The case concerned a company specializing in the … Continue reading

Marie Boland’s Review of the Work Health and Safety Laws, Part 3: Safe Work Australia‘s Consultation Regulation Impact Statement

Nicki MilionisTanya PuriBy Nicki Milionis and Tanya Puri on Posted in Asia Pacific, Australia, General
On 24 June 2019, Safe Work Australia released a Consultation Regulation Impact Statement (RIS) seeking feedback on the possible impacts of implementing the recommendations of the Marie Boland independent review of the model Work Health and Safety Laws final report (Report). In February this year, Marie Boland (former Executive Director of SafeWork SA) delivered the Report which found the model … Continue reading

Migration Advisory Committee asked to review salary threshold by UK Government

Amanda Sanders (UK)Lauren Pullen-Stanley (UK)By Amanda Sanders (UK), Lauren Pullen-Stanley (UK) and Aida Geragusian on Posted in General, UK, Uncategorized
The Home Secretary has asked the Migration Advisory Committee (MAC) to review future salary thresholds for the new immigration system which is due to come into force in January 2021. As we mentioned in our blog post- The immigration white paper – what will it mean for the UK’s future immigration system? December 2018 – … Continue reading

Keeping your finger(print) on the pulse:  Employer’s warned of the risks associated with the collection of biometric data

Martin OsborneMatt WichlinskiBy Martin Osborne and Matt Wichlinski on Posted in Asia Pacific, Australia, General
The everyday use of biometric technology in contemporary society is nothing new. We live in a world where we regularly use fingerprint recognition for home security, facial recognition to open our phones and voice recognition to ask Siri to spice up a party by playing the latest Taylor Swift tune.  Despite the significant advancements and … Continue reading

Australian minimum wage to be increased by 3% to $19.49 per hour from 1 July 2019

Global Workplace InsiderBy Jodie Kessler on Posted in Asia Pacific, Australia, General
The Fair Work Commission has determined to award Australian workers a 3% increase on minimum wages. In the Annual Wage Review Decision handed down today, the Fair Work Commission has determined that from 1 July 2019: The national minimum wage and modern award minimum wages are to be increased by 3%. The national minimum wage … Continue reading

New laws in force to prevent “sharp corporate practices” of employers in avoiding payment of employee entitlements

David CrossNorah ChafardetBy David Cross and Norah Chafardet on Posted in Asia Pacific, Australia, General
The Corporations Amendment (Strengthening Protections for Employee Entitlements) Act 2019 (Act) received Royal Assent on 5 April 2019.[1]  The Act amends Part 5.8A of the Corporations Act 2001 (Cth) (Corporations Act) to discourage the use of “sharp corporate practices” used by employers to avoid paying employee entitlements when their business enters winding up, including improper … Continue reading

Changes to off payroll working rules from April 2020

Amanda Sanders (UK)Susie Brain (UK)By Amanda Sanders (UK) and Susie Brain (UK) on Posted in General, UK
HMRC has published its latest consultation on off payroll working rules. As we have previously discussed (Global Workplace insider post – June 2018), the reformed off payroll rules which have applied in the public sector since April 2017 will be extended to the private sector from 6 April 2020.  The consultation has raised significant issues … Continue reading

UK pensions: Does an employer have a duty to advise a dying employee on the implications of taking ill-health benefits early?

Lesley HarroldBy Lesley Harrold on Posted in Europe, General, UK
The smooth operation of a pension scheme depends on an efficient flow of information between the employer and the member. Frequently, the Pensions Ombudsman is asked to consider scheme trustees’ and employers’ duties on providing benefit information to members. Where the law is silent, this can be a tricky area to navigate and considerable uncertainty … Continue reading

Changes to British Columbia’s Workplace Legislation

Marino SveinsonBy Marino Sveinson on Posted in General
This week, the Honourable Harry Bains, B.C.’s Minister of Labour, submitted bills to the legislature to amend the province’s three major workplace-related statutes that fall under the Ministry of Labour’s jurisdiction: the Employments Standards Act, the Labour Relations Code, and the Workers Compensation Act. These bills must still go through the legislative process before they … Continue reading

Religious practices and workplace incapacity

Karen Ainslie (ZA)By Karen Ainslie (ZA) on Posted in General, South Africa
The Labour Appeal Court (LAC) has reaffirmed that employers must be tolerant of employee religious beliefs. In TDF Network Africa (Pty) Ltd v Deidre Beverley Faris, it ruled that the employee was discriminated against and unfairly dismissed for practising her religion. Faris, a Seventh Day Adventist, refused to attend monthly Saturday stock takes as her … Continue reading
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