Performance appraisals are formal processes to assess a worker's "overall" performance and don't include employers informally managing specific problems with their work, a tribunal has ruled in an injury dispute.
The company director jailed for recklessly endangering a roofer, who fell to his death, over-relied on the diligence of workers and skimped on safety controls, the Queensland Office of Industrial Relations has revealed.
A company director has been jailed for a year, while his company has been fined $1 million, in the latest of a series of cases that show the increasing trend for safety regulators to target individuals and push for harsh penalties, according to a WHS and employment relations lawyer.
Employers and safety professionals could be on the verge of having cheaper or even free access to Australian Standards incorporated into work health and safety laws and other legislation, with Standards Australia describing a recent judgment as an "exciting step towards delivering greater value and improving access" to the documents.
An employer's duty to provide a safe system of work extends to maintaining and enforcing such a system, including where an alternative system creates a foreseeable risk of injury of any severity, an appeals court has found in upholding an injured worker's $1.4 million award.