"Bullying" versus "Reasonable Management" actions
Two recent bullying cases addressed by the Fair Work Commission highlight a need to understand the difference between bullying and “reasonable management actions.” In these two cases the FWC had to determine whether the actions alleged to be bullying actually amounted to bullying or were appropriate reasonable management actions. What is “bullying”? “Bullying” is when a person or group of people repeatedly behave unreasonably towards another worker or group of workers, and t
Workplace fatality sees directors personally charged for breaches of duty under WHS Law
In many small businesses, directors are not only decision-makers but are also directly involved in day-to-day activities. This hands-on...
Recent prosecutions show ongoing inadequacies in warehouse safety training
2025 so far has seen the courts in New South Wales handing down eight major convictions involving forklift-related incidents. These cases involved both companies and sole traders and have resulted in substantial fines and public scrutiny. A worker was fatally pinned by a 7-tonne forklift after alighting the forklift at an Electrical contracting site. The business was convicted and fined $150,000, with a project order imposed. A 43-year-old forklift operator was struck and
Bullying and Harassment costs Director $15,000 in fines
Trigger warning : This article talks about workplace sexual harassment and bullying. If this topic is distressing, feel free to skip the...
Warehouse risk management failures lead to $35,000 fine
It is important that warehouses have correct control measures to mitigate risks from hazards that exist in the workplace. A common hazard...
Proposed amendments to the WHS Act
The following is from our associates at Kingston Reid Lawyers in Sydney. This article is written by Special Counsel Kate Curtain who is...
Fire wardens and emergency plans
An emergency evacuation plan is a set of procedures developed by a PCBU (business, company, or organisation) to help facilitate safe evacuations in case of workplace emergencies. Under Clause 43 of the New South Wales WHS Regulations 2017, employers must provide an effective response in an emergency and must also provide information, training and instruction to all workers in responding to an emergency.
Liabilities of Directors in new Industrial Manslaughter laws
From 16 September 2024, industrial manslaughter has been a formal offence under New South Wales work health and safety (WHS) legislation.
Employer convicted and fined for failure to provide information
A recent case in New South Wales serves as a stark reminder of the importance of workplace health and safety (WHS) compliance and the...
$40,000 fine for warehouse traffic management plan failures
A warehousing company in Victoria has just been fined $40,000 for repeatedly failing to follow its traffic management system.
Lack of training leads to $100,000 fine
A family-owned business in Queensland that produces firewood and its director have just been fined over $100,000 in relation to a...
Worker amputation leads to two businesses prosecuted and fined
A manufacturing facility in Victoria was fined following an incident in which a worker’s finger was amputated while working ...
Can Workers be prosecuted under the WHS Legislation?
Under Section 28 of the WHS Act, workers are required to follow reasonable instructions from their supervisors and managers.