July 2021

NSW Court of Appeal finds innuendo is sexual harassment, observing the sexualisation of women in the workplace is often not explicit

In a landmark decision, the NSW Court of Appeal has upheld a NSW Civil and Administrative Tribunal Appeal Panel finding of sexual harassment as a result of a ‘mortifying’ workplace health and safety poster; sending a clear message that less ‘explicit’ means of harassment such as innuendo, insinuation, implication, overtone, undertone and horseplay are not immune from liability.

NSW Court of Appeal finds innuendo is sexual harassment, observing the sexualisation of women in the workplace is often not explicit Read More »

CFMMEU officers face court over OHS COVID-19 breaches

The Australian Building and Construction Commission (ABCC) has commenced legal action in court against the CFMMEU and two of its officers, for right of entry contraventions at the Central Energy Plant Towers Upgrade in South Brisbane. The ABCC alleges that the CFMMEU officers, Andrew Blakeley and Beau Seiffert, acted in an improper manner and repeatedly refused to sign in and comply with the site’s occupational health and safety coronavirus (COVID-19) requirements. Blakeley also allegedly verbally abused a site manager.

CFMMEU officers face court over OHS COVID-19 breaches Read More »

No pain, no gain – Tribunal rules that incapacity is a requirement for a Section 18 application

The South Australian Employment Tribunal has handed down another favourable decision for employers relating to Section 18 of the Return to Work Act 2014 (SA) – the section that allows injured workers to apply to the Tribunal for an order requiring the pre-injury employer to provide “suitable employment”.

No pain, no gain – Tribunal rules that incapacity is a requirement for a Section 18 application Read More »


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