Pendlebury
workplace law

Pendlebury Workplace Law is a specialist workplace relations and employment law legal practice based in Sydney.

Workplace Safety

Changes to Queensland Workers Compensation Legislation – What this means for you!

Following the release in May 2013 of the report of the Inquiry into the Operation of Queensland’s Workers’ Compensation Scheme, the Workers Compensation Rehabilitation & Other Legislation Amendment Bill 2013 was passed on 17 October 2013. Significant changes were made to the Queensland Workers’ Compensation and Rehabilitation Act 2003 (‘the Act‘).  The Act was assented […]

Brooke Pendlebury
Wednesday, March 12, 2014
News, Workplace Safety


Employer Escaped Liability in Sexual Harassment Case before NSW ADT

 In the most recent case before the NSW Administrative Decisions Tribunal Cooper v. Western Area Local Health Network [2012] NSWADT 39 (9 March 2012) , a male health care worker, who was employed by the Western Area Local Health Network, was fined $10,000 for sexually harassing a colleague. The employer, however, has escaped liability, and was […]

Brooke Pendlebury
Thursday, August 30, 2012
Harassment at Work, News, Workplace Investigations, Workplace Safety


Employer Liable Vicariously for Sexual Harassment of Employee

The Queensland Civil and Administrative Tribunal has found a Gold Coast resort vicariously liable for the sexual harassment of a female employee, further, that its mishandling of her complaint contributed to a psychiatric injury. [McCauley –v- Club Resort Holdings Pty Ltd (no 2) [2013] QCAR 243 (13 May 2013). The Tribunal Member, Jeremy Gordon, found Club […]

Brooke Pendlebury
Thursday, July 25, 2013
Harassment at Work, News, Workplace Investigations, Workplace Safety


Fair Work Commission – “bullying” was reasonable management action and rejected a long-serving employee’s bullying claim.

The Fair Work Commission said, “bullying” was reasonable management action, and has rejected a long-serving employee’s bullying claim.  The Commission accepted that the employer, Salvation Army Employment Plus, took reasonable management action when it performance-managed its employee after she resisted changes to workplace practices. Commissioner Lee in a ruling issued 4 June 2015 said the issues raised by the Salvation […]

Brooke Pendlebury
Friday, June 12, 2015
Dismissal, Harassment at Work, News, Workplace Investigations, Workplace Safety


Federal Government Announces Workplace Bullying Review

Workplace Relations Minister Bill Shorten workplace bullying has announced a review of workplace bullying, to be conducted by the House of Representatives Standing Committee on Education and Employment. The review will cover “the nature, causes and extent of workplace bullying“, and will consider issues such as the prevalence of workplace bullying in Australia, the role […]

Brooke Pendlebury
Thursday, August 23, 2012
Harassment at Work, News, Workplace Safety


Not given an opportunity to respond to the allegations against you leads to unfair dismissal

A full bench of the Fair Work Commission has reversed a decision that a boilermaker was fairly dismissed for using an unsafe method to cut a steel plate (The boilermaker had suspended the steel plate from a crane, rather than laying it out horizontally, in order to cut it). The full bench found that he […]

Brooke Pendlebury
Saturday, July 20, 2013
Dismissal, News, Workplace Safety


The Fair Work Commission has knocked back a ‘trust and confidence’ submission made by an employer.

The Fair Work Commission has knocked back a ‘trust and confidence’ submission made by an employer. The Fair Work Commission reinstated a portable toilet delivery driver who’s employment was terminated with Coates Hire Operations Pty Limited for a safety breach.  The Commission rejected the employer’s claims that the delivery driver should not be returned to the job because it no […]

Brooke Pendlebury
Saturday, June 6, 2015
Dismissal, News, Workplace Safety


Unreasonable for an employer to direct workers to attend a compulsory health assessment

The Fair Work Commission has ruled that it is unreasonable for an employer to direct workers to attend a compulsory health assessment aimed at addressing high injury levels in the absence of first establishing genuine need. Cement Australia Pty Ltd introduced a compulsory physical risk review program in 2013 as part of its response to […]

Brooke Pendlebury
Friday, May 8, 2015
News, Workplace Safety


Work Related Driving and the Safety Issues

Manage the risks associated with work related driving. Employer responsibilities Employer’s have a responsibility to identify, assess, control, monitor and review the risks associated with work-related driving, and consult with employees on work related driving occupational health and safety (OHS) issues.  Specific requirements of road traffic laws also have to be met and cover matters such […]

Brooke Pendlebury
Thursday, January 19, 2012
News, Workplace Safety


Workplace Bullying – remove it from its current legal and cultural designation as an OHS issue

National law firm principal, Josh Bornstein, says criminalising workplace bullying will not work, and Fair Work Australia should be given a new early intervention role to prevent cases reaching the point of irreversible damage. In a presentation at a Legalwise seminar in Melbourne last week, Mr. Bornstein addressed “myths” perpetrated about workplace bullying, including that […]

Brooke Pendlebury
Tuesday, September 11, 2012
Harassment at Work, News, Workplace Safety


Your OH&S Obligations from January 2012

You may be aware that substantial changes are being made to the current Occupational Health and Safety laws.  The changes are an attempt to create ‘harmonisation’ across individual States and Territories that have historically had their own OH&S legislation.  A uniform approach to the new laws has been agreed to by all States, which will […]

Brooke Pendlebury
Friday, January 20, 2012
News, Workplace Safety