Lawyers – McNally Legal https://www.mcnally.legal Sydney Lawyers you can Trust Wed, 19 Jun 2024 18:41:42 +0000 en-AU hourly 1 https://wordpress.org/?v=7.0 https://www.mcnally.legal/wp-content/uploads/2023/12/cropped-512-Logo-2-32x32.png Lawyers – McNally Legal https://www.mcnally.legal 32 32 NSW is the only mainland state without an industrial manslaughter offence https://www.mcnally.legal/nsw-is-the-only-mainland-state-without-an-industrial-manslaughter-offence/?utm_source=rss&utm_medium=rss&utm_campaign=nsw-is-the-only-mainland-state-without-an-industrial-manslaughter-offence https://www.mcnally.legal/nsw-is-the-only-mainland-state-without-an-industrial-manslaughter-offence/#comments Wed, 19 Jun 2024 18:35:48 +0000 https://www.mcnally.legal/?p=5830
Industrial Manslaughter Laws in NSW - McNally Jones Staff Lawyers

NSW is the only mainland state without an industrial manslaughter offence.

On 4 June 2024 the Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 was introduced into the Legislative Assembly. If passed it will establish a new offence of industrial manslaughter.

The Bill proposes that the offence is committed when a person, whether a company or natural person, fails to comply with a health and safety duty, is grossly negligent in doing so and that failure causes the death of a worker or other person to whom the duty is owed.

The proposed offence carries a maximum jail sentence of 25 years for individuals and fines of up to $20 million for a company. There will be no limitation period on when a prosecution needs to be commenced.

The Government has separately indicated that a specialised unit within the NSW Office of the Director of Public Prosecutions will be established for prosecuting industrial manslaughter offences.

]]> https://www.mcnally.legal/nsw-is-the-only-mainland-state-without-an-industrial-manslaughter-offence/feed/ 295 High Court – Elisha v Vision Australia Limited https://www.mcnally.legal/high-court-elisha-v-vision/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-elisha-v-vision https://www.mcnally.legal/high-court-elisha-v-vision/#comments Wed, 19 Jun 2024 18:09:43 +0000 https://www.mcnally.legal/?p=5820
Employment Lawyers - McNally Jones Staff

The High Court of Australia in Elisha v Vision Australia Limited is set to consider whether damages maybe awarded for psychiatric injury resulting from the breach of an employment contract. At the same time the Court will consider whether an employer owes a common law duty of care to take reasonable care to avoid injury to the employee in its implementation of the processes leading to and resulting in the termination of employment.

If Mr Elisha is successful the Court will overturn the long standing common law position that shock, distress or humiliation resulting from the dismissal is not compensable (Addis v Gramophone Co Ltd [1909] AC 488 and Baltic Shipping Co v Dillon (1993) 176 CLR 344)

We will post an update once the Court delivers its judgment.

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