HR professionals' duties under work, health and safety laws expose them to numerous personal legal risks, but certain steps can help them minimise these liabilities and avoid criminal penalties, according to safety and employment lawyer Fiona Austin.
Since legislative amendments took effect in August, every complaint and enquiry to the Human Rights Commission about s-xual orientation, gender identity and inters-x status has been related to employment, so it's clear that employers have some work to do, according to Commission President, Professor Gillian Triggs.
The model Work Health and Safety laws now in force in most Australian jurisdictions place new duties on HR professionals, exposing them to areas of personal liability and other risks that can't be ignored. Watch this webcast to understand:
The extent of WHS duties for HR professionals under the model Act;
Who the law considers an "officer" and what their responsibilities entail;
Areas where HR professionals and other senior staff face personal liability risks;
Steps HR professionals can take to ensure decisions that affect safety are defensible;
HR's role in meeting consultation requirements to employees and others; and
Particular issues in relation to psychological injury risks.
A recent Federal Circuit Court of Australia ruling that cost a company nearly $350,000 indicates just how vigilant the Fair Work Ombudsman will be in pursuing breaches of foreign worker laws, warn lawyers from Holding Redlich.
Anti-bullying material released by the Fair Work Commission provides much-needed clarity around the new laws, and what is considered bullying and reasonable management action, says employment lawyer Lesley Maclou.
HR departments too often fail to take a risk-management approach to decisions affecting people, exposing themselves to potential liability under the model work health and safety laws, according to safety and employment lawyer Fiona Austin.
A High Court ruling that a worker's sex-related injury did not occur "in the course of employment" is good news for employers, but not great comfort in the lead-up to the silly season, according to employment lawyers.
Every HR professional should understand the key terms in employment contracts, when to review and vary them, and how contracts interact with legislation, industrial instruments and workplace policies. Watch this webcast to ensure you're across these areas.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
