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Searching Content indexed under Health & Safety by Swaab ordered by Published Date Descending.
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1
The proper scope of the anti-bullying jurisdiction in the workplace
The FWC expressed disquiet about the way in which some applicants used the anti-bullying jurisdiction in the workplace.
Australia
7 Jun 2019
2
The proper scope of the anti-bullying jurisdiction in the Fair Work Act
The test of when a worker is 'bullied at work' for the anti-bullying jurisdiction is set out in s 789FD of the FW Act.
Australia
30 May 2019
3
An employment and family law guide to family and domestic violence in the workplace
This article gives employers a practical guide to understanding family and domestic violence issues in the workplace.
Australia
27 Feb 2019
4
Abuse from the general public: The obligations of employers
Employers need to balance feedback from the general public with their duty to protect the health and safety of employees.
Australia
30 Aug 2018
5
Incapacity dismissals where the employer is alleged to have caused the incapacity
Employers should obtain a clear medical opinion when making decisions relating to an employee's capacity to perform work.
Australia
26 Jul 2018
6
The first category 1 WHS prosecution in New South Wales: The meaning of Reckless
Category 1 is when a duty holder recklessly exposes a person to whom a duty is owed to a risk of death or serious injury.
Australia
17 May 2018
7
The first category 1 WHS prosecution in NSW: The meaning of Reckless
The decision particularly examines what constitutes "reckless" for the purpose of the penalty provisions of the WHS Act.
Australia
30 Apr 2018
8
Principal contractors: The rules of engagement
The proper engagement of a principal contractor is fundamental to managing WHS risk in construction projects.
Australia
31 Jan 2018
9
Sexual harrassment in the post-Weinstein age - What is next for employers?
Employers should consider an action plan, in case allegations of serious misconduct are made against senior executives.
Australia
20 Jan 2018
10
Can an employer require an employee to undertake a medical examination?
Where an employee fails to provide requested medical information, an employer is entitled to take disciplinary action.
Australia
15 May 2017
11
Knocked out: Concussion issues for Australian rugby codes
The ARU and the NRL have begun to address the issues of concussion in sport, but there is still a lot more to be done.
Australia
21 May 2015
12
Moonlighting employees it can be difficult to stop
In this case, the employee had no obligation to divulge when he was undertaking secondary work or the nature of the work.
Australia
1 May 2015
13
Moonlighting employees: it can be difficult to stop
The employee had no obligation to divulge to the employer when he undertook secondary work or the nature of that work.
Australia
17 Mar 2015
14
Can you require an employee to provide medical evidence or attend a psychiatric examination?
Under common law, employers may require employees to provide medical information or undergo a psychiatric examination.
Australia
8 Mar 2015
15
They just do not get on... but what can an employer do?
The reality is that not all individuals will get on and affection between employees cannot be the employer's problem.
Australia
21 Jan 2015
16
FWC restrains worker in first substantial 'Stop Bullying Order'
The FWC handed down its first decision in which it has made orders designed to stop further bullying of the applicant.
Australia
4 Apr 2014
17
Stop Bullying orders - workplace bullying soon to become a more public ordeal
Stop bullying orders will make it possible for individuals to bring an application to the FWC to stop bullying behaviour.
Australia
11 Jul 2013
18
Health and Safety Representatives: Introduction to the workplace
This article addresses the introduction of Health & Safety Representatives (HSRs) and how this impacts employers.
Australia
20 May 2012
19
The New World of OH&S - Is There any Substantial Difference?
The changes are significant but they should not be problematic to employers who complied with the previous legislation.
Australia
25 Apr 2012
20
Managing ill or injured employees – A delicate balancing act
One of the most challenging issues faced by clients of employment relations advisers is managing an employee who is either ill or injured. The difficulty arises from the need to balance the risk of exposure to claims of discrimination, unfair dismissal and the newly heralded "general protections" against the potentially exorbitant expense of workers compensation claims.
Australia
5 May 2011
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