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ARTICLE · 21 JANUARY 2012

Case development – Patrick Stevedoring v Victorian WorkCover Authority: the prohibition on OHS discrimination

Hall & Wilcox
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Victorian courts are willing to strictly enforce the anti-discrimination provisions under the OH&S Act 2004.

AustraliaEmployment and HR
Alison Baker
Alison Baker
Jessica Fletcher
Jessica Fletcher

The recent appeal decision of the Victorian Supreme Court in Patrick Stevedoring v Victorian WorkCover Authority demonstrates that the Victorian courts are willing to strictly enforce the anti-discrimination provisions under the Occupational Health and Safety Act 2004 (Vic), potentially setting the precedent for the enforcement of the new anti-discrimination provisions under the Model Work Health and Safety Act.

The case in brief

Patrick Stevedoring was prosecuted by WorkSafe Victoria for breaching section 76 of the Occupational Health and Safety Act 2004 (Vic) which prohibits an employer from discriminating against an employee on health and safety grounds. The prosecution of Patrick Stevedoring is the first prosecution for breach of the provision.

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