Category: justice

What We Lose When NDAs Win

Non-disclosure agreements (NDAs) are a contentious device used by lawyers, often as part of the settlement of a legal dispute. These came to the fore in the context of sexual harassment several years ago. The Victorian government has proposed a bill to Parliament that, according to the Australian Financial Review (AFR), will increase transparency. This should assist in determining changes to work processes that are as low as is reasonably practicable.

NDAs have been an insidious tool, especially in relation to sexual harassment at work.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

OHS Lessons from the Antoinette Lattouf Case

Just before Christmas in 2023, Antoinette Lattouf was taken off-air by the Australian Broadcasting Corporation halfway through her five-day contract as a radio fill-in. It sparked an acrimonious unfair dismissal dispute. Last week the Australian Labour Law Association held a webinar on the case which touched on the occupational health and safety (OHS) perspective.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

Reform or Reframe? NSW’s WHS Laws Tackle Liability, Not Prevention

The New South Wales (Labor) government has amended its work health and safety and industrial relations laws. These changes have been described as “substantial” in one legal opinion, but the changes reflect the management of company liability more than preventing harm.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

Sexual Harassment Laws Have Teeth—So Why Aren’t They Biting?

In November 2022, then-Sex Discrimination Commissioner Kate Jenkins explained why sexual harassment in Australian workplaces continues to happen. Basically, she said this was because the sex discrimination laws were reactive to a worker complaint and placed no duty on employers to prevent these types of incidents. But there is more to it than that, and the recent imposition of a positive duty under sex discrimination laws is still not preventing work-related harm.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

OHS questions remain after Jumping Castle owner freed

A Magistrate has said there is insufficient evidence to find Rosemary Gamble guilty of a criminal offence over an incident involving an inflatable jumping castle that resulted in the deaths of six children at Hillcrest in Tasmania. The prosecution may have ended, but a Coronial inquiry remains scheduled, and a civil class action against the state of Tasmania and Ms Gamble was launched in 2024. This article looks at the occupational health and safety aspects of the incident.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

Pyrrhic IR prosecution that ignores the OHS context

Recently, sentencing in a court case in Melbourne has generated much online chatter about excessive working hours and the exploitation of workers in a small law practice. One report of the $A50,000 fine against Erudite Legal says that the company:

“…forced a junior lawyer to work up to 24-hour days and watch an ice hockey movie at 1am so she could understand her boss’ philosophical position”.

Other media reports provide more details of the successful prosecution, but the occupational health and safety (OHS) context is mostly absent.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

The recent recommendations into OHS penalties are likely to go nowhere

The Victorian Sentencing Advisory Council‘s report on OHS sentencing received minimal media coverage. Perhaps more will come when the government responds to the recommendations. However, the coverage focused on the recommendation for a substantial increase in financial penalties for those who breach occupational health and safety (OHS) laws. The report contained much more than financial penalties, but the political climate will likely stifle any significant reforms.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here
© Workplace Safety Services P/L (ABN: 68091088621) and SafetyAtWorkBlog, 2008-2025. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Kevin Jones and SafetyAtWorkBlog with appropriate and specific direction to the original content.

Concatenate Web Development
© Designed and developed by Concatenate Aust Pty Ltd