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Accident Compensation Act - New discrimination laws: Beware of hefty fines

Announcement posted by Harwood Andrews Lawyers 06 Apr 2010

From 1 July 2010 employers will face tougher workplace discrimination laws under recent amendments to the Accident Compensation Act 1985. Most significantly, an employer now faces potential legal action under both criminal and civil law if an employee has

In addition to any prosecution by WorkSafe, there will be a new right for employees to bring their own action for damages to redress discrimination in the Magistrates’ Court.

The reforms are designed to enhance protection against discrimination for employees making or pursuing compensation claims or giving notice of a workplace injury. The range of prohibited discriminatory conduct has been extended to conduct falling short of dismissal such as demotion, transfer or a reduction in hours consistent with obligations under Occupational Health & Safety and Equal Opportunity laws. The reforms also extend protection against discrimination to prospective employees; for example, job applicants.

The maximum penalties for a WorkSafe prosecution have been increased drastically from $2,920.50 to $140,184 for a corporation ($28,036.80 for an individual). In addition, orders for reinstatement, compensation for lost income up to 12 months and, in the case of prospective employees, orders requiring employment are available to the court when sentencing for a discrimination offence. Employees may also request WorkSafe to bring a prosecution if he/she considers that an offence has occurred and no prosecution has been bought within 6 months of the occurrence of the alleged offence.

In both criminal and civil cases, the onus is on the employer to satisfy the court that the reasons for the conduct complained of were not due to the compensation claim, but were for other operational reasons.

Employers should also seek legal advice before making any decision in relation to the ongoing employment of an employee who has or may have a compensation claim.

Harwood Andrews Lawyers workplace relations team has extensive experience in representing employers in the complicated area of Accident Compensation and discrimination prosecutions. Our team is lead by Jim Rutherford, an accredited specialist in workplace relations law together with, Rohan Kux and Melissa Whelan. Our services include:

•complaints of sexual harassment and discrimination
•workplace policies on matters such as sexual harassment, discrimination, workplace bullying and dispute resolution
•unfair dismissal, unlawful termination and common law wrongful termination
•defending occupational health and safety prosecutions

Our services are not limited to the defence of prosecutions. We also assist employers to understand their rights and obligations and the possible outcomes of their decisions. We provide advice on the ways employers can reduce the risk of a Worksafe prosecution by ensuring that they have in place comprehensive and up to date discrimination and occupational health and safety policies.

If you would like further information about Harwood Andrews Lawyers or our workplace relations services, including occupational health and safely, please contact Jim Rutherford on 03 5225 5225.