The model Work Health and Safety Act 2011 places stringent obligations on employers. At the same time, employment tribunals have ruled against employers who unfairly dismiss employees following WHS breaches. As an employer, how do you navigate the overlap between compliance with WHS duties and fair management of employees?
This presentation will consider recent case law to explore the issues that can arise, including:
- What does an employer (PCBU) need to so to ensure the employees (workers) act safety?
- What are the employees (workers) duties in respect of WHS?
- When will a WHS breach be a valid basis for termination of employment?
- How do you afford an employee procedural fairness when you suspect a WHS breach has occurred?
- How do you adequately document breaches and train workers to demonstrate ‘reasonably practicable’ steps have been taken?