OH&S

During a busy time the company employs a part time contractor who caught his hand in a machine and lost two fingers. This resulted in a full occupational health and safety investigation.

Company liable for $100K plus $45K in defence costs

Crime Fraud

Wholesaler with a staff of 86 employees had a debtor clerk misappropriate $200,000.by altering cheques over a period of eighteen months. This continues until her absence from work when the fraudulent scheme was discovered.

$300,000 misappropriated funds

Statutory Liability

A steel manufacturing company was successfully prosecuted by Work Cover for breaching occupational health and safety legislation when an experienced employee of the company was injured in the task of changing guides, combs add shearing blades on the company’s cold shear machine. The machine was used to process large pieces of steel.

The court imposed a penalty of $26,000

Unfair Dismissal

A pregnant employee is dismissed for non-attendance. The manager who dismissed her says he was not aware of her pregnancy – although the company fails to reverse this decision when the employee produces confirmation from her G.P.

The matter settled at Conciliation with the employer agreeing to pay $20,000. Legal defence costs incurred in this claim totalled $16,000.

Misconduct

An employee is dismissed after sending a stream of offensive emails to colleagues about one of his senior managers. However the employer failed to follow proper process in dismissing the employee

The case was settled for a 5 figure sum.

Sexual Harassment

A former employee commenced proceedings against the company and two managers alleging sexual harassment, intentional infliction of emotional distress, wrongful termination, retaliation, and sex discrimination. The employee made allegations against the Director that he had inappropriately touched her and made sexually explicit comments towards her. The employee further alleged that as a result, she has suffered depression and now unable to re enter the workforce due to her mental distress.

The Company was held liable and ordered to pay the former employee $60,000 plus her legal fees. In addition the company paid $30,000 in defence costs.