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Category: Employment Law

Industrial manslaughter now a crime in Victoria
Daniel, Employment Law

Industrial manslaughter now a crime in Victoria

by Daniel McDonald Mar 4, 2020

The Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Bill 2019 is designed to amend the Occupational Health and Safety Act 2004 (Vic) (OHS Act), to include this new offence Workplace Manslaughter.From 2020, business and officers whose negligent conduct leads to the workplace death of a worker shall be guilty of workplace manslaughter. Businesses such as partnerships, corporate…

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When demoting an employee amounts to a dismissal
Daniel, Employment Law

When demoting an employee amounts to a dismissal

by Daniel McDonald Feb 20, 2019

A recent Fair Work Commission decision has found that the demotion of an employee amounted to a dismissal for the purposes of the Fair Work Act 2009.An employee received a final warning from his employer for not performing a blood alcohol test on members of his team prior to taking them to a site visit.…

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New Challenges for Gig Economy Service Providers
Contract Law, Daniel, Employment Law

New Challenges for Gig Economy Service Providers

by Daniel McDonald Jan 9, 2019

On the 16th of November 2018, a landmark decision on unfair dismissal is likely to have wide ranging implications for the gig economy on what Australian Law considers to be an employee or contractor.The food delivery company Foodora placed itself into voluntary administration in August 2018 ceasing all Australian operations despite the fact it was…

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