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Tag: Institutional Failure

The Rejection of “High Jinks”—South Australia’s First Category 1 Bullying Conviction

Jun 3, 2019

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by

Drew McGiffert

733 words

3–5 minutes

Within heavy industrial, trade, and apprentice-heavy environments, front-line supervisors have historically tolerated a culture of rough workplace pranks, hazing rituals, and aggressive teasing. These behaviours were routinely laughed off by middle management as harmless “high jinks,” team-building antics, or an unavoidable aspect of field culture. However, a historic prosecution finalised in South Australia has permanently…
Lone-Worker Isolation and the Record $390,000 SAPOL Penalty

May 15, 2019

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by

Drew McGiffert

729 words

3–5 minutes

When safety practitioners evaluate high-risk confinement hazards, they instinctively focus on industrial processing tanks, deep excavations, or maritime ship holds. They rarely analyse administrative storage units within a secure law enforcement training centre. Yet, a landmark prosecution finalised in the South Australian Employment Tribunal (SAET) serves as an extraordinary case study demonstrating that the laws…
The shot heard round the project—the complete deconstruction of accountability at UC Hospital

May 24, 2018

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by

Drew McGiffert

800 words

3–5 minutes

For years, safety professionals have warned that multi-tiered contracting structures on major infrastructure projects can create an administrative illusion of safety. On paper, everyone has an induction card, every trade group files a Safe Work Method Statement (SWMS), and every project has a designated safety manager. But on the floor, production pressures often turn these…
The judicial pivot on injury valuation—the multi-jurisdictional penalty multiplier

Jun 30, 2017

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by

Drew McGiffert

770 words

3–5 minutes

For multi-state operators and corporate insurers, predicting financial exposure following a workplace fatality has historically been handled by localising risk based on state borders. If an incident occurred in Queensland, safety executives reviewed historical Queensland judgments to forecast the likely statutory penalty. This approach assumed that regional legal trends would insulate a business from the…
The causal connection—how the “but for” test controls psychosocial liability

Jun 3, 2017

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by

Drew McGiffert

940 words

4–6 minutes

One of the most complex challenges facing safety practitioners, human resources directors, and corporate insurers is determining legal causation in psychological injury claims. Unlike a physical trauma incident, where a mechanical failure leads directly to a fractured limb, psychosocial injuries frequently involve a complicated mix of workplace stress, managerial oversight, and external personal life events.…
Boardroom parallels: the FWC expands anti-bullying protections to company directors

Apr 22, 2017

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by

Drew McGiffert

869 words

4–6 minutes

Corporate boardrooms have traditionally been viewed as arenas of intense commercial negotiation, strategic conflict, and high-stakes executive decisions. For generations, the legal view of a company director was strictly defined by the principles of corporations law, fiduciary duties, and governance-level oversight. Directors were considered the arbiters of corporate conduct, not subjects of workplace protection frameworks.…
The Limits of Foresight—Optus Overturns the $3.9 Million Mental Harm Ruling

Feb 24, 2017

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by

Drew McGiffert

721 words

3–5 minutes

In March 2015, the safety and legal communities were put on notice by a landmark NSW Supreme Court trial judgment. An employer was ordered to pay $3.9 million in damages after a worker was traumatized by a colleague’s attempted murder on a roof balcony. That initial decision sent shockwaves through human resources and safety departments,…
Anti-bullying jurisdictional climax: The FWC issues interpersonal exclusion orders

Nov 23, 2015

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by

Drew McGiffert

771 words

3–5 minutes

Since the Fair Work Commission (FWC) assumed its anti-bullying jurisdiction on 1 January 2014, safety professionals have closely monitored its rulings to understand the boundaries of its powers. In a landmark development, the tribunal reached a major enforcement milestone, issuing its first comprehensive set of substantive anti-bullying orders to resolve a bitter, long-running industrial relations…
2007 Tesco Fire investigation reveals 5 breaches

Oct 27, 2013

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by

Drew McGiffert

273 words

1–2 minutes

Following a fire in 2007 Tesco in London was found to have breached 5 different legislative obligations in relation to fire safety, including keeping exits clear and ensuring fire doors remained closed. The breaches cost the retailer over £100,000 in costs / fines.
UK retailer John Lewis fined for asbestos exposure during refurb works

Oct 8, 2013

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by

Drew McGiffert

745 words

3–5 minutes

UK Department Store John Lewis was fined £20,000 in 2010 after failing to follow appropriate safety procedures concerning asbestos checks, resulting in the possible exposure of the dangerous substance to 15 construction workers.