Tag: Fair Work Act
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The Right to Disconnect—Engineering out “availability creep” as a Tier-1 psychosocial hazard
The federal industrial landscape has undergone a major transformation that moves out-of-hours digital contact from a metric of professional commitment straight into the regulatory enforcement matrix. With the passage of the Fair Work Amendment (Closing Loopholes No. 2) Act 2024 (Cth), the Federal Parliament has hard-coded an enforceable Right to Disconnect into the national industrial…
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The Cost of Retaliatory HR Governance: Dr. Eiszele’s Landmark General Protections Victory Against Corporate Directors
The federal industrial relations landscape has delivered a stark compliance warning to corporate boards and clinical directors who use aggressive disciplinary procedures to silence internal advocacy. In the milestone determination of Eiszele v Hinchliffe & Ors, the Federal Circuit and Family Court of Australia (FCFCOA) exposed the severe financial and personal liabilities that attach to…
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Reckless conduct and the $2 Million penalty—The forensic fallout of the SafeWork NSW v GN Towers decision
The New South Wales District Court has delivered a historic, record-shattering $2 million corporate penalty for criminal Reckless Conduct under Section 31 of the Act. In the landmark sentencing determination of SafeWork NSW v Synergy Scaffolding Services Pty Ltd [2022] NSWDC 584, the judiciary applied the maximum available corporate penalty to a high-risk subcontractor over…