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Year 9 NSW
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Workplace legal issues
Topic : Workplace legal issues
In this topic you will learn...
Chapter 1 :
Health and safety
Occupational health and safety (OH&S) is about reducing workplace risks and hazards
There are complex laws promoting safer and healthier workplaces
Workplace accidents and injuries reduce our economic output
OH&S Acts outline the rights and duties of employers and employees
Safe workplaces are ones in which everyone contributes to OH&S practices
Chapter 2 :
Discrimination and unfair dismissal
Employees have legal rights to a discrimination-free workplace and protection from unfair dismissal
Most employers promote anti-discrimination policies and procedures at work
EEO groups like women and migrants are protected by law from employment discrimination
Most employers and employees abide by the terms and conditions of employment agreements and contracts; most workplace participants behave and act ethically and lawfully
Unfair dismissal laws have changed, with small businesses now exempt from them
Chapter 3 :
Redundancy and retraining
Redundancy is not an unfair dismissal
Redundancy involves a necessary lawful termination of employment
Redundancy usually involves severance pay and entitlements
Many employers find ways to re-employ or re-train an employee, or help them find alternative employment
Severance pay is not usually given to casuals, apprentices or trainees
Chapter 4 :
Contractor or employee?
Employment types have changed, so contractors and employees are often unclear about them
Employers must distinguish between employees and contractors, in order to avoid costly legal liability for workers' compensation, superannuation and tax evasion fines
Contractors are paid for results with a set fee; employees' labour is paid by the hour
Employers can largely control the details of how an employee works; employers have much less control over the specific ways a contractor works
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