INTERNATIONAL NEWS
AUSTRALIA Radical Shake-up of Workplace Bullying
The peak employer advocacy group has rejected calls to the federal bullying inquiry by Unions NSW regarding the definition of workplace bullying to be expanded to include psychological and mental health damage. In response to the radical submission from the peak trade union body, the Australian Industry Group (AiGroup) said it disagrees with the notion that workplace bullying should be dealt with through an expansion of anti-discrimination law, which is more adversarial than work health and safety law. Prime Minister Julia Gillard and Workplace Relations Minister Bill Shorten said the inquiry would focus on creating a national law and will also develop a code of conduct for the workplace. Gillard said more needed to be done to stop the “silent epidemic” of bullying in the workplace. Proposals to prevent negative workplace cultures from developing and to help bullying victims return to work will also be considered during the inquiry, which will be undertaken by the House Standing Committee on Education and Employment.
To read more, click here Important Recent OHS Decisions
The High Court of Australia and the Victorian Supreme Court of Appeal have recently handed down important decisions in connec- tion with the duty of care owed under the Occupational Health and Safety Act 2004 (Vic) (OHS Act). The first of these decisions in the case Baiada Poultry Pty Ltd v the Queen, deals with the concept of "reasonable practicability" and will therefore have application beyond Victoria to all States and Territories operating under harmonized work health and safety laws. The decision in the second case, Orbit Drilling Pty Ltd v the Queen, provides a useful restatement of the matters to be considered in determining liability and sentencing. Both of these decisions serve as a timely reminder to review OHS compliance in your business and ensure the adequacy of your safety management system.
To read more, click here Out-of-hours Criminal Conduct Not Grounds for Dismissal: Tribunal
A senior corrections officer who was dismissed following his third domestic violence conviction has been reinstated, after a tribunal found an insufficient connection between his out-of-hours conduct and his job. In the NSW Industrial Relations Commission, Commissioner Elizabeth Bishop ordered Corrective Services to reinstate the worker and pay back his lost wages. "This case demon- strates that the mere fact that an employee has engaged in reprehensible, and even criminal, conduct does not automatically give an employer the right to take disciplinary action," the Bulletin says. Employers must ensure that clear policies are in place concerning the conduct of staff while they are in uniform or traveling for a work-related purpose. The importance of the policies should be clearly impressed on employees, and the consequences for breaching a policy should also be made clear. In addition, before taking disciplinary action for an employee's out-of-hours conduct, employers should consider whether the conduct could reasonably be expected to damage the company's reputation, or otherwise expose it to liability.
To read more, click here Vic Hospital Security Laws May be Expanded
The Victorian government may consider new laws designed to better protect emergency workers as health officials continue lobby- ing for wider protections. One such draft bill would increase jail sentences for people convicted of attacking emergency workers. Victorian Health Minister David Davis said that the legislation could be expanded to include health workers outside of emergency settings. Australian health workers, including the Australian Medical Association and the Australian Nursing Federation, favor such a move, and are actively lobbying to have nurses and general practitioners included in the new law. The new laws are motivated by what many consider a statistically high rate of assaults on emergency medical and other health care workers in Australia. Staff at a pair of Melbourne hospitals put the estimated number at an average of three such reported assaults a week. The proposed bill is still being written and has not yet gone before the state parliament
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