McNally Legal

NSW is the only mainland state without an industrial manslaughter offence

admin — Wed, 19 Jun 2024 18:35:48 +0000

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.

High Court – Elisha v Vision Australia Limited

admin — Wed, 19 Jun 2024 18:09:43 +0000

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.

Get The Compensation You Deserve

admin — Wed, 12 Jun 2024 21:21:41 +0000

Let us at McNallys Lawyers get you the compensation you deserve. Whether you were injured at work, vehicle accident, in a public place or as a result of a medical negligence, we are are here to help.

Get your FREE Claim Check Here.

Have you been injured in a motor vehicle accident?

admin — Sun, 02 Jun 2024 21:10:27 +0000

If you have been injured in a motor vehicle accident, you may have a claim under the Motor Accidents Scheme.

The offence of industrial manslaughter is coming to NSW

admin — Fri, 22 Mar 2024 06:05:47 +0000

Workplace deaths are avoidable. Every worker should be able to go to work knowing that their workplace is safe and secure so that they can go home safely at the end of the day. The NSW Labor Government has announced that it intends to introduce an offence of industrial manslaughter under the Work Health and Safety Act 2011 in the first half of 2024. This will bring NSW in line with the majority of the other States and Territories where this offence has already been implemented.

The maximum penalty will be higher, probably more than double, that those for a category 1 offence (gross negligence or reckless conduct) which from 1 July 2024 is $2,168,029 fine and/or 10 years imprisonment for an individual and $10,424,983 for a body corporate.

The introduction of the offence of industrial manslaughter will send a clear message to employers that deaths at work are unacceptable.

Intersection of discrimination and workers compensation law

admin — Fri, 22 Mar 2024 05:45:23 +0000

Have you been sexually harassed at work and also have a workers’ compensation claim arising from the same conduct? What happens if you settle your discrimination claim? Do you have to repay the money you have received as part of your workers’ compensation claim? These questions were recently answered in a court case.

The Full Court of the Federal Court of Australia considered these issues in Comcare v Friend [2024] FCAFC 4. The short facts were that Ms Friend was receiving workers’ compensation benefits arising from being exposed to harassment and bullying from her supervisor. She subsequently lodged a complaint with the Australian Human Rights Commission that she had been sexually harassed at work. She settled that complaint by way of a deed of release. The insurer then sought to recover the workers’ compensation payments from Ms Friend.

The Court, in determining that Ms Friend was entitled to keep her workers’ compensation payments, carefully considered the terms of the deed of release and whether there was any ‘double-dipping’ i.e. receiving compensation twice for the same wrong done to her. In this case, under the deed of release, the payments were determined by the Court to be for the unlawful discrimination.

The key takeaway point from the decision is that in negotiating a deed of release you should seek the advice of a lawyer to ensure that in settling a discrimination claim you do not affect your workers’ compensation entitlements. McNallys can provide you with such advice.

Our Principal Lawyer Nathan Keats has again been recognised by Doyle’s Awards in 2024.

admin — Wed, 13 Mar 2024 17:59:59 +0000

McNallys Jones Staff are pleased to announce our Principal Lawyer – Nathan Keats has again been awarded by Doyles as Leading Employment Lawyers (Employee & Trade Union Representation) – NSW, 2024

McNallys – Leading the way in Equal Pay Case

admin — Tue, 20 Feb 2024 00:10:48 +0000

In 2019 McNally Jones Staff Lawyers represented the Public Service Association of NSW in a major Equal Pay Case for School Administrative and Support Staff in NSW public schools. McNallys argued that School Administrative and Support Staff were undervalued because of their gender and obtained wage increases of at least 19% over 3 years with SLSO (Pre-school) staff receiving 35.8% and juniors 71.3%. These increases were obtained in the face of the then NSW Government wage cap of 2.5% per annum.

In addition, McNallys was able to bring the classifications of Business Manager and SLSO (Student Health Support) into the Crown Employees (School Administrative and Support Staff) Award with Business Managers obtaining up to 6 weeks of additional recreation leave. At the same time, McNallys was able to have all duty statements modernised so that they reflect the duties that SAS Staff actually undertake. At the time, these statements of duty were over 20 years old.

A copy of the decision can be found here: Crown Employees (School Administrative and Support Staff) Award [2019] NSWIRComm 1082 (1 November 2019) (austlii.edu.au)

New McNally Jones Staff Website Launch

admin — Mon, 05 Feb 2024 04:25:26 +0000

Our New Website has been Launched

McNally Jones Staff has a new website and marketing design across all of our digital platforms.

We have also changed our primary URL to mcnally.legal

The site is designed to highlight McNally Jones Staff legal services in an easy to use navigational structure to benefit the end-user.

Launched on 5 February 2024, our new website is a user friendly and the design is by our digital marketing team at Crowdfaction.

If you require legal services from the team at McNally Jones Staff contact us for a free first initial consultation and one of our friendly team will assist you in your legal matter.

Engineered stone prohibition to commence 1 July 2024

admin — Sat, 03 Feb 2024 12:24:25 +0000

The use, supply and manufacture of all engineered stone will be prohibited from 1 July 2024.

Engineered stone is defined as an artificial product that:

contains crystalline silica
is created by combining natural stone materials with other chemical constituents such as water, resins, or pigments
undergoes a process to become hardened.

The ban does not apply to other silica related materials such as:

concrete and cement products
bricks, pavers and other similar blocks
porcelain products
ceramic wall and floor tiles
roof tiles
grout, mortar and render
plasterboard.

Why is the ban necessary?

Rates of silicosis and silica-related diseases in Australian workers have risen substantially in recent years, with a disproportionate number of diagnoses in engineered stone workers.
When engineered stone is processed, the dust generated has different physical and chemical properties that likely contribute to more rapid and severe disease.
There is no scientific evidence for a safe threshold of crystalline silica content in engineered stone, or that lower silica content engineered stone is safer to work with.

Reminder that in the lead up to the ban, for tasks where engineered stone is used:

employers continue to have a legal duty to protect workers by managing the health and safety risks from silica dust
workers also continue to have a legal duty to take reasonable care of their own, and others, health and safety at work.

For further information, visit NSW SafeWork silica in engineered stone workplaces page.

Want to see more information please visit ABC News Here.

If you have been affected by Silica related diseases contact our legal team at McNally Jones Staff for a consultation.

Do you Qualify for a Total and Permanent Disability Claim?

admin — Sat, 03 Feb 2024 11:03:11 +0000

Do you qualify for a Total and Permanent Disability (TPD) claim?

If you’ve suffered an injury or illness that prevents you from doing your previous job, you may qualify for a Total and Permanent Disability (TPD) insurance benefit from your superannuation.
Eligibility requirements vary by policy and are determined by your insurer or super fund.

Common criteria includes:

Level of disability

You must demonstrate a certain level of disability, typically assessed by your ability to return to your previous role or work at all.
Superannuation coverage
You must have TPD insurance included in your superannuation policy.

Waiting periods

Most policies require a waiting period after the injury date to allow symptoms to stabilize and assess the full extent of the damage.

Employment history

Some policies require a minimum level of employment before you can claim a TPD payout.

Our expert TPD insurance claims team can assess your eligibility under your specific policy, explain your benefits, and assist you in navigating the claims process.

What can I claim for?

Your TPD insurance entitlements depend on your superannuation fund and the impact of your disability on your life and ability to work.

Generally:

You may be eligible for a lump sum payment through your superannuation policy.
You may also have coverage for a TPD lump sum through a private life insurance policy.

How long will it take?

TPD claims are typically resolved much quicker than other types of compensation claims, often within four to five months, depending on the circumstances.

Our legal team at McNally Jones Staff is committed to securing the best possible outcome for your TPD claim as quickly and efficiently as possible.

Pregnancy discrimination is alive and well

admin — Sat, 03 Feb 2024 10:36:25 +0000

Pregnancy discrimination is alive and well

It is according to Deakin University senior researcher Cameo Dalley and her team had just won a grant to fund their research project.

But when Dalley informed a senior woman professor that she was pregnant, the atmosphere changed completely.

“She made all these comments about, ‘How do you plan to do your job and have a baby?’” Dalley said.

Within a fortnight, Dalley was told she no longer had a contract offer for the project. And the rationale given? A ‘change of heart’.

A widespread occurrence

“I want to draw attention to this so other people are treated better than I was,” Dalley wrote in an opinion piece.

Although official reports of workplace pregnancy discrimination are low, the Australian Human Rights Commission found that those numbers don’t reflect the reality. One in two mothers reported experienced discrimination during pregnancy, parental leave or when returning to work.

This often includes women finding themselves unemployed, demoted, restructured out of a job, or the victim of adverse action before, during or shortly after a period of unpaid parental leave.

It can also be difficult to access basic rights under the National Employment Standards such as the right to be transferred to an appropriate safe job during pregnancy or – if no such job exists – the right to be paid no safe job leave.

At a workplace like Deakin University where the majority of workers are employed as causals or contractors, pregnant workers may not be in a position to pursue a discrimination complaint.

Source: ACTU 2023

If you are experiencing pregnancy discrimination contact McNally Jones Staff Lawyers today.