Category: lawyers

Good bullying advice needs grounding in prevention

Recently SafetyAtWorkBlog discussed the quality of media releases on OHS matters.  A very good one was received the other day from Firefly Marketing.  The noticeable quality of this release is that although its purpose is to promote a conference, the release provides fresh and unique comments that have stand-alone benefits.

The statement includes several comments concerning workplace bullying.

Regulator

WorkSafe Victoria‘s media manager, Michael Birt  says

“The death of Brodie Panlock has received the most media attention of any WorkSafe Victoria prosecution – ever.  The case was covered extensively by Australia’s national media but was even reported in countries from the Netherlands to Russia.  The details will stay on Google forever.  The actions of Brodie’s tormentors will follow them.” Continue reading “Good bullying advice needs grounding in prevention”

Workplace bullying questions to WorkSafe

Following the successful prosecution of four people for bullying 19-year-old Brodie Panlock, SafetyAtWorkBlog, with the assistance of a lawyer put several questions to WorkSafe Victoria about the case.  Most of the questions and their responses are below:

“SAWB: Could you please advise the reasons for the decision to prosecute the recent workplace bullying case in the Magistrates Court as opposed to the County Court?    My understanding is that this choice limited the potential fine for the individuals involved to 500 penalty points instead of 1800 , and for the company to 2500 instead of 9000.

WV:  In this case, we thought the Magistrates’ Court had the appropriate sentencing discretion to impose a proportionate and fair sentence.

In addition, Magistrates’ Court proceedings takes less time and produce more certain results than County Court proceedings – these charges were issued in July 2009 and resolved in February 2010.   Continue reading “Workplace bullying questions to WorkSafe”

Australian employer groups are out for blood

For some reason several Australian newspapers on 16 February 2010 carried articles about the possibility of prosecuting the Federal Environment Minister, Peter Garrett, over recent deaths associated with an insulation rebate scheme, he launched and his Department administers.

The employers are drawing a long bow to support their calls.  They are linking several related OHS issues in order to score political points the recent High Court decision on New South Wales (NSW) OHS laws, the Federal Government’s programs for harmonising OHS laws and the insulation installer deaths. Continue reading “Australian employer groups are out for blood”

OHS and the death of Brodie Panlock from bullying

On 8 February 2010, four workers at Café Vamp, a small restaurant in Melbourne Victoria, were fined a total of $A335,000 for repeatedly bullying, or allowing bullying to occur to, 19-year-old Brodie Panlock.  Brodie jumped from a building in September 2006.  Her family watched Brodie die from head injuries three days later.  They were unaware that Brodie was being bullied at work.

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No guard = hand injuries + $50k penalty

Machine guarding is one of the most effective and longstanding control measures for occupational hazards.  Sometimes safety people even get excited about them.  Equally safety people, regulators and magistrates, get angry when the guards are left off.

One company in South Australia on 1 February 2010 received two penalties for similar hand injuries that occurred only days apart in 2007.   Continue reading “No guard = hand injuries + $50k penalty”

D/O liability insurance gets to England’s High Court

Insurance policies for directors and officers (D&O) liabilities have yet to gain much application in terms of occupational health and safety penalties.   But D&O insurance policies are in Australia and are established in other countries.

According to Wikipedia:

“Directors and Officers Liability Insurance (often called D&O) is liability insurance payable to the directors and officers of a company, or to the organization(s) itself, to cover damages or defense costs in the event they suffer such losses as a result of a lawsuit for alleged wrongful acts while acting in their capacity as directors and officers for the organization.”

A decision by the High Court in England throws further light on the application of D&O.   Continue reading “D/O liability insurance gets to England’s High Court”

Do “enforceable undertakings” equal justice?

The issue of “enforceable undertakings” for breaches of OHS law receives an interesting interpretation in the Courier-Mail newspaper on 18 January 2010.  “Enforceable undertakings” are unfairly described as “plea bargains” but the article does provide some comparisons to support the argument.

The first example provided where a worker was left a paraplegic sounds like a plea bargain in that there was a negotiated “agreement to avoid being brought the courts” but more information is required.

The second, concerning the injury to patrons at the Sea World theme park, is treated too briefly and is likely to involve issues of public liability.  However the dollar comparison in this example may raise the need to ensure that any enforceable undertakings should be comparable in dollar value to the initial fine.   Continue reading “Do “enforceable undertakings” equal justice?”

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