Employers’ potential liability for family and domestic violence: An Australian overview

2021 ◽  
pp. 103530462110243
Author(s):  
Rob Guthrie ◽  
Angela Babic
Keyword(s):  
Domestic Violence ◽  
Health And Safety ◽  
Legal Issues ◽  
Workers Compensation ◽  
Jel Codes ◽  
Paid Leave ◽  
Australian State ◽  
Work Health

This article considers a range of legal issues that arise when family and domestic violence impacts upon the workplace. It examines the available data on the costs of family and domestic violence to employers and the community. It discusses the potential for employers to be affected by Australian State and Territory criminal and related laws that are intended to protect a person from family and domestic violence. Recent cases of discrimination arising from family and domestic violence are considered with some speculations as to other possible forms of liability for employers concerning work health and safety and workers compensation laws. The Australian Fair Work Commission’s determination of unpaid family domestic violence leave is also examined, as is the adoption of paid leave by some State and Territory governments and larger Australian employers. The article concludes with some reflections and speculations on how current laws may affect employers and what actions can be taken by employers to adopt supportive measures to protect employees. JEL Codes: K32, J28, L53

scholarly journals Invisible Consequences: The Health Hazards of "Women's Work" in New Zealand

2019 ◽  
Vol 50 (2) ◽  
pp. 341
Author(s):  
Dawn Duncan
Keyword(s):  
New Zealand ◽  
Health And Safety ◽  
Women's Work ◽  
Health Hazards ◽  
Workers Compensation ◽  
Employment Relations ◽  
Women’S Work ◽  
Accident Compensation ◽  
Work Health ◽  
The Law

Gordon Anderson has written extensively on the changes in New Zealand's labour laws that have occurred since the late 1960s, and the consequences of these changes for workers. This period saw the narrowing and individualising of work health and safety, the separation of health and safety from other areas of employment relations and the workers' compensation functions of the Accident Compensation Corporation (ACC) scheme. This article explores one of the largely invisible consequences of these shifts, arguing that gaps have emerged between these areas of law, and these gaps fall disproportionately over the types of work that women typically perform. This article outlines the current gaps in the law and identifies the areas in need of reform.

State-by-State Use of AMA Guides

2019 ◽  
Vol 24 (5) ◽  
pp. 3-7, 16
Keyword(s):  
Expert Testimony ◽  
Narrow Range ◽  
The United States ◽  
Workers Compensation ◽  
Federal Employees ◽  
Permanent Disability ◽  
Sixth Edition ◽  
History Of ◽  
Canadian Provinces

Abstract This article presents a history of the origins and development of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), from the publication of an article titled “A Guide to the Evaluation of Permanent Impairment of the Extremities and Back” (1958) until a compendium of thirteen guides was published in book form in 1971. The most recent, sixth edition, appeared in 2008. Over time, the AMA Guides has been widely used by US states for workers’ compensation and also by the Federal Employees Compensation Act, the Longshore and Harbor Workers’ Compensation Act, as well as by Canadian provinces and other jurisdictions around the world. In the United States, almost twenty states have developed some form of their own impairment rating system, but some have a narrow range and scope and advise evaluators to consult the AMA Guides for a final determination of permanent disability. An evaluator's impairment evaluation report should clearly document the rater's review of prior medical and treatment records, clinical evaluation, analysis of the findings, and a discussion of how the final impairment rating was calculated. The resulting report is the rating physician's expert testimony to help adjudicate the claim. A table shows the edition of the AMA Guides used in each state and the enabling statute/code, with comments.

The Awareness Level of the Safety and Health of the Operational Level

2017 ◽  
Vol 3 (1) ◽  
pp. 42
Author(s):  
Roshanira Che Mohd Noor ◽  
Nur Atiqah Rochin Demong
Keyword(s):  
Health And Safety ◽  
Health Conditions ◽  
Effective Strategies ◽  
Operational Level ◽  
Safety And Health ◽  
Health Factors ◽  
The Cost ◽  
The Relationship ◽  
Awareness Level

Providing a safe and healthy workplace is one of the most effective strategies in for holding down the cost of doing construction business. It was a part of the overall management system to facilitate themanagement of the occupational health and safety risk that are associated with the business of the organization. Factors affected the awareness level inclusive of safety and health conditions, dangerous working area, long wait care and services and lack of emergency communication werethe contributed factors to the awareness level for the operational level. Total of 122 incidents happened at Telekom Malaysia Berhad as compared to year 2015 only 86 cases. Thus, the main objective of this study was to determine the relationship between safety and health factors and the awareness level among operational workers.The determination of this research was to increase the awareness level among the operational level workerswho committing to safety and health environment.

The Validity of Rector�s Circular Letter on the Covid-19 Pandemic

2020 ◽  
Vol 7 (1) ◽  
pp. 126 ◽  
Author(s):  
Fradhana Putra Disantara
Keyword(s):  
Legal Theory ◽  
Legal Issues ◽  
State Universities ◽  
Ministry Of Education ◽  
Conceptual Approach ◽  
State Of Emergency ◽  
Circular Letter ◽  
The Status ◽  
The Government

This study aims to analyze the relevance of the �health emergency� status to the existing legal theory and condition as well as to identify the validity of the Circular Letter of the Rector of State Universities. To this end, this study applied the statute and conceptual approach. The study was conducted by inventorying primary and secondary legal materials to obtain a proper and critical review of the legal issues under study. The results showed that the determination of the �health emergency� status by the government was inappropriate due to the uncertainty of the regulations issued by the government to determine the current condition. Thus, the status of the COVID-19 pandemic is a �legal emergency� status. Further, the Rector�s policy through the Circular Letter is valid judicially, sociologically, and philosophically. The determination of the �legal emergency� status can be done by issuing a Perppu without a �state of emergency� from the President. Finally, it is suggested to firstly get an approval from the Ministry of Education and Culture regarding the issuance of the Rector�s Circular Letter. Besides, further study is needed as this study was conducted during the COVID-19 pandemic.�Keabsahan Surat Edaran Rektor Perguruan Tinggi dalam Pandemi Covid-19Tujuan dari penelitian ini adalah untuk menganalisa relevansi status �darurat kesehatan� dengan teori hukum dan kondisi yang ada dan keabsahan atas Surat Edaran Rektor Perguruan Tinggi Negeri. Metode yang digunakan dalam penelitian ini adalah statute approach dan conseptual approach. Penelitian dilakukan dengan menginventarisasi bahan hukum primer dan sekunder, guna mendapatkan kajian yang seyogianya dan telaah kritis terkait isu hukum. Hasil penelitian menyatakan penetapan status darurat kesehatan oleh pemerintah kurang tepat, dikarenakan tidak menentu-nya peraturan yang dikeluarkan oleh pemerintah untuk menetapkan kondisi saat ini. Sehingga, status pandemi COVID-19 merupakan status darurat hukum. Kebijakan rektor melalui Surat Edaran adalah absah secara aspek yuridis, sosiologis, dan filosofis. Penetapan darurat hukum cukup dilakukan dengan menerbitkan Perppu tanpa pernyataan darurat dari Presiden. Saran peneliti adalah di perlukan persetujuan pada Kementerian Pendidikan dan Kebudayaan terkait terbitnya Surat Edaran Rektor, dan dibutuhkan penelitian lebih lanjut dikarenakan penelitian ini dilakukan pada masa COVID-19 yang bersifat temporal.�

LEGAL ISSUES REGARDING IMPOSITION OF E-FORM D AS A BASIS FOR DETERMINATION OF PREFERENTIAL TARIFFS IN ATIGA

2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Aditya Subur Purwana ◽  
Wahyu Hidayat ◽  
Mursal Maulana
Keyword(s):  
Research Method ◽  
Descriptive Analysis ◽  
Legal Issues ◽  
Legal Certainty ◽  
Layer System ◽  
Legal Provisions ◽  
Directorate General ◽  
Domestic Law

Submission of Certificate of Origin (e-Form D) is conducted through a three-layer system named ASW Gateway, LNSW, and CEISA has raised issues related to the period/time of receipt of e-Form D given by customs authorities for the purposes of charging preferential tariffs in the ATIGA scheme. This article aims to analyze the legal certainty in submitting e-Form D to the customs authorities in the importing country, in this case, the Directorate General of Customs and Excise for the purpose of charging preferential tariffs, so that it can be in line with the presentation principle based on the ATIGA OCP and Indonesian domestic legal provisions. The research method used is a normative juridical approach with descriptive analysis and normative qualitative to draw conclusions. Based on the research, it was concluded that with regard to the submission of e-Form D, Customs and Excise Officials must have confidence based on factual evidence to determine whether the principle of submission of e-Form D has been accomplished or refused when an interruption in the ASW Gateway, LNSW or CEISA happened so the Customs Officer and Excise can determine tariffs based on OCP as well as domestic law in force in Indonesia.Keywords: ATIGA, Customs Authority, Directorate General of Customs and Excise, e-Form D, Tariffs Preference.ABSTRAK: Penyerahan SKA e-Form D dilakukan melalui tiga layer system yakni ASW Gateway, LNSW, dan CEISA memunculkan permasalahan terkait dengan jangka waktu/saat diterimanya e-Form D oleh otoritas kepabeanan untuk kepentingan pengenaan tarif preferensi dalam skema ATIGA. Penelitian bertujuan menganalisis kepastian hukum dalam penyerahan e-Form D ke otoritas kepabeanan di negara importir, dalam hal ini Direktorat Jenderal Bea dan Cukai untuk kepentingan pengenaan tarif preferensi, sehingga dapat sejalan dengan prinsip presentasi berdasarkan OCP ATIGA dan ketentuan hukum domestik Indonesia. Metode penelitian dilakukan dengan pendekatan yuridis normatif secara deskriptif analisis dan penarikan kesimpulan secara normatif kualitatif. Berdasarkan penelitian, disimpulkan bahwa berkenaan dengan penyerahan e-Form D, Pejabat Bea dan Cukai harus memiliki keyakinan berdasarkan bukti faktual untuk menentukan apakah prinsip penyerahan e-Form D sudah dipenuhi/tidak ketika terjadi gangguan pada ASW Gateway, LNSW atau CEISA sehingga Pejabat Bea dan Cukai dapat menentukan tarif berdasarkan OCP maupun hukum domestik yang berlaku di Indonesia. Kata Kunci: ATIGA, Direktorat Jenderal Bea dan Cukai, e-Form D, Otoritas Kepabeanan, Tarif Preferensi. 

scholarly journals Price of human life: Medical, legal and social aspects

2018 ◽  
Vol 51 ◽  
pp. 01016
Author(s):  
Andrejs Vilks
Keyword(s):  
Human Life ◽  
Legal Aspect ◽  
Legal Issues ◽  
Economic Conditions ◽  
Social Aspects ◽  
Price Determination ◽  
Loss Of Life ◽  
Insurance Costs ◽  
Philosophical Aspect

The author of the article turns attention to the phenomenon of human life, recognizing it as the value which is hard and complicated to define. The price of a human life comprises philosophical, political, sociological and legal issues. From the legal and philosophical aspect the price of a human life is practically impossible to determine, since it is worth the highest price. Determination of the price of human life means admitting that a human is the measure of value in a certain community under appropriate socially economic conditions. Different approaches and methodologies are applied in determination of a materialized price of a human life, therefore the rating of the price is varied. In determining the price of a human life, the legal aspect is important, since it deals with the fixation of the amount of compensations in cases of an individual's loss of life and calculations of the insurance costs.

scholarly journals DISIPLIN KERJA, KESEHATAN DAN KESELAMATAN KERJA BERPENGARUH TERHADAP PRODUKTIVITAS KERJA KARYAWAN SARIASIH GARMENT

2020 ◽  
Vol 9 (6) ◽  
pp. 2107
Author(s):  
Briyan Artha Ginting ◽  
I Wayan Suana
Keyword(s):  
Occupational Health ◽  
Work Environment ◽  
Work Productivity ◽  
Health And Safety ◽  
Work Safety ◽  
Safe Work ◽  
Work Health ◽  
Saturated Sample ◽  
Maximum Work ◽  
Sample Method

Productivity is the ability to achieve certain tasks in accordance with predetermined standards. Companies must create safe work environment to motivate employees so that they can increase overall company productivity. Purpose of the study is to explain the effect of work discipline, occupational health and safety on the work productivity of Sariasih Garment employees with 51 people as samples, using saturated sample method. Data collected through observation, interviews and questionnaires and analyzed by multiple linear regression. Based on the results, work discipline, occupational health and work safety have  positive and significant effect on employee work productivity. It is expected that company pays attention to employees' compliance with regulations in doing their jobs and the company is able to create a safe, comfortable and clean work environment. Employees have enthusiasm and protection while working so that employees are able to increase work productivity in order to create maximum work results. Keywords: work productivity, work discipline, work health and safety

Industrial Legislation in 2010

2011 ◽  
Vol 53 (3) ◽  
pp. 288-302 ◽  
Author(s):  
Shae McCrystal ◽  
Belinda Smith
Keyword(s):  
Equal Opportunity ◽  
Parental Leave ◽  
Industrial Relations ◽  
Health And Safety ◽  
Safety Net ◽  
Full Effect ◽  
Safe Work ◽  
Work Health ◽  
Paid Parental Leave ◽  
Specific Regulation

Two themes in legislative activity in 2010 were national uniformity and some movement in using law to promote equality, especially gender equality. The Fair Work Act 2009 (Cth) came into full effect with the commencement of the new safety net provisions and the referral to the Commonwealth of industrial relations powers over private-sector workforces in all states except Western Australia. Progress continued on the promised harmonization of Australian occupational health and safety laws with the release of a model Work Health and Safety Bill by Safe Work Australia, although developments in some states threaten to derail the process. An attempt to repeal most of the industry-specific regulation of the building and construction industry failed. The Federal Parliament passed legislation establishing a national paid parental leave scheme, and a number of changes to federal discrimination laws came into effect or were proposed, including the potential consolidation of federal discrimination legislation. This article provides an overview of these developments at federal level and concludes with a discussion of developments in the states including a brief overview of Victoria’s new equal opportunity legislation.

What About Men? The Marginalization of Men Who Engage in Domestic Violence

2021 ◽  
pp. 088626052199746
Author(s):  
Ella Kuskoff ◽  
Andrew Clarke ◽  
Cameron Parsell
Keyword(s):  
Domestic Violence ◽  
Critical Discourse Analysis ◽  
Violence Against Women ◽  
Government Policy ◽  
Critical Discourse ◽  
International Policy ◽  
Policy Responses ◽  
Policy Context ◽  
Analysis Methodology ◽  
Australian State

In an international policy context that is increasingly recognizing the gendered nature of domestic violence, governments are becoming more attuned to the importance of improving policy responses for women who have domestic violence enacted against them. This has not, in general, been accompanied by a similar focus on improving policy responses to men who engage in domestic violence, despite a burgeoning body of scholarship suggesting that improved responses to such men are required to more effectively prevent domestic violence from occurring. Importantly, current scholarship also highlights the significant and complex tensions that may arise when policy informed by gendered understandings of domestic violence increases its focus on the men who enact it. Drawing on a critical discourse analysis methodology, we analyze how these tensions are negotiated in domestic violence policy in the Australian state of Queensland. Findings from this analysis demonstrate that the way government policy discursively constructs men who engage in domestic violence has important implications for how such policy targets and engages with members of this group. The article demonstrates that when such men are constructed as outsiders to the community, they may be viewed as undeserving of inclusion and support. This can result in governments failing to prioritize interventions targeted at men who engage in domestic violence, and prevent the active inclusion of such men in the development of policy and interventions. These findings provide important lessons for international governments seeking to implement or strengthen policy responses to end domestic violence against women.

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