Workplace Health and Safety

Australia: ABCC v Powell – Right of entry and the OHS Act

In an important Full Court appeal decision, Bromberg J’s decision in Director of the Fair Work Building Industry Inspectorate v Powell [2016] FCA 1287 was overturned in the Federal Court last week. In the first instance decision, Bromberg J found that … Continue reading

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Australia, Workplace Health and Safety

Asia: Mandatory Employment Policies

HR practitioners will be aware that work rules are mandatory in certain jurisdictions in Asia once an employer reaches a specified number of employees. However, an often-overlooked area is whether employers must or should establish other types of employment-related policies … Continue reading

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Filed under Data protection and privacy, Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Asia, Remuneration (including bonus and incentive plans), Workplace culture, diversity and discrimination (including bullying and harassment), Workplace Health and Safety

Australia: WHS Discrimination – A Question of Fact

A recent decision of the Victorian Supreme Court of Appeal has considered the ‘prohibition against discrimination’ offence provisions in the Occupational Health and Safety Act 2004 (Vic) (OHSA).   Judicial consideration of these provisions is rare. In the harmonised jurisdictions … Continue reading

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Filed under Jurisdiction: Australia, Termination of employment, Workplace culture, diversity and discrimination (including bullying and harassment), Workplace Health and Safety

Japan: Combatting the overtime culture

Currently, employers are in principle prohibited from causing employees to work more than 8 hours a day or 40 hours a week. Subject to a Labour Management Agreement being entered into with a union consisting of more than half the … Continue reading

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Filed under Jurisdiction: Asia, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace Health and Safety

Singapore: Tripartism Updates

Labour policy in Singapore has long been handled collaboratively by the Government, employee unions and employers in what is known as the tripartism movement. This movement has now been formalised through the setting up of a corporate body, Tripartite Alliance … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: Asia, Workplace Health and Safety

Australia: Health and Safety Frequency – April 2017

Welcome to Herbert Smith Freehills Health and Safety Frequency for April 2017, where we touch on legal developments in Australian health and safety from the last three months and give you some more personal insights into what we and our … Continue reading

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Filed under Jurisdiction: Australia, Workplace Health and Safety

Australia: Victorian Government Announces Changes to OHS Laws

Last week, the Victorian Government announced its intention to make a series of changes to different aspects of Occupational Health and Safety (OHS) Laws in Victoria. The changes were not widely publicised in advance, but may have a noticeable impact on … Continue reading

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Filed under Jurisdiction: Australia, Workplace Health and Safety

Singapore: Compliance Check – Workplace Incident Reporting

The Ministry of Manpower requires employers, workplace occupiers, and doctors to report workplace incidents where an employee, a self-employed person, or a member of the public dies, is injured or contracts a disease in certain circumstances. Is your company compliant?

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Filed under Jurisdiction: Asia, Workplace Health and Safety

South Korea: Changes to Occupational Safety and Health Regime

In response to a recent spate of incidents involving employers covering up industrial accidents, proposed amendments to the Occupational Safety and Health Act (Act) are currently being considered by the National Assembly. The proposed amendments will target anyone who engages … Continue reading

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Filed under Jurisdiction: Asia, Workplace Health and Safety

Australia: Key decision on directing employees to see a doctor

The Full Federal Court has handed down a decision on an employer’s right to direct attendance at a medical appointment, and whether an employer can validly dismiss an employee for failing to follow such a direction. The Full Court’s decision is … Continue reading

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Filed under Jurisdiction: Australia, Termination of employment, Workplace Health and Safety