lawyers – SafetyAtWorkBlog

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.

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No Excuses, No Transition – Navigating Victoria’s New Psych Safety Code

Maddocks law firm has just concluded the second part of their psychological health and safety seminars. Lawyers Catherine Dunlop and Dale McQualter have the advantage of following a seminar on the same topic held by Victoria’s occupational health and safety (OHS) regulator just the other day. The advantage with this seminar is that the lawyers feel comfortable in giving their opinions and advice in contrast to the careful words of the WorkSafe people.

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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.

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OHS and Politics

In support of Australia’s Safe Work Month, I have recorded a 12-minute opinion piece on how Australian politics since 2010 has affected the perception and development of occupational health and safety, based on past SafetyAtWorkBlog articles.

It is an interesting opportunity to reflect on the decisions and actions of influential individuals like Julia Gillard, Kristina Keneally, Jeff Lawrence, and David Gregory.

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Polishing What Exists: Making Sense of the New Psych Safety Code

Prominent occupational health and safety (OHS) lawyers Dale McQualter and Catherine Dunlop have just concluded the first of two online seminars about Victoria’s new psychological/psychosocial regulations and compliance code. Many employers will have a lot of work to do to comply, but the overall sense was one of reassurance.

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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.

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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.

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