Sparke Helmore In a Queensland first, a metalifferous mine worker has been sentenced to eight months imprisonment for failure to comply with his safety obligations under mining occupational health and safety laws, which resulted in the death of a fellow employee. Background information Prosecution Training and experience Decision Key messages for employers Read more of [...]

Comcare v Linfox Australia Pty Ltd (ACN 004 718 647) [2010] FCA 793 As we move towards a national OHS scheme it is useful to refresh the penalty principles used in hearings of breaches flowing from injuries to employees. In this instance, the employee sustained severe and extensive crush injuries to his left arm and [...]

 Re: N (a solicitor) [2010] QSC 267 CATCHWORDS: Profession and trades – Lawyers – Duties and liabilities – Duties to court – Generally – Duty to ensure matters are dealt with expeditiously – Criminal matter Legal Profession Act 2007 (Qld), s 418 Ashmore v Corporation of Lloyd’s [1992] 1 WLR 446, cited Fryberg J In [...]

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Meshlawn P/L & Anor v State of Qld & Anor [2010] QCA 181 Catchwords STATUTES – ACTS OF PARLIAMENT – STATUTORY POWERS AND DUTIES – EXERCISE – LIABILITY – NEGLIGENCE – PARTICULAR CASES – where appellants owned and operated nightclubs at Surfers Paradise – where appellants had consistently been granted ‘extended hours permits’ under the [...]

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Allens Arthur Robinson In this issue: we look at whether a dismissal is a redundancy when the work is still being performed by others; where Fair Work Australia may still approve an agreement without good faith bargaining; Fair Work Australia having clarified the scope of flexibility terms; enterprise agreements should not cover positions an employer [...]

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