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ARTICLE · 10 DECEMBER 2021

Working faster is not working safer

Bartier Perry Solicitors
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Employers should take comfort in this recent NSWIRC decision and confidently enforce their safety protocols.

AustraliaEmployment and HR
James Mattson
James Mattson
Jade Bond (Formerly With Bartier Perry)
Jade Bond (Formerly With Bartier Perry)
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The NSW Industrial Relations Commission has continued to maintain a strong stance on safety in the workplace, giving employers the confidence to take decisive action when employees flagrantly breach safety rules.

In the Full Bench decision of Hamlin v Council of the City of Sydney [2021] NSWIRComm 1066, the Commission accepted the City of Sydney's argument about the importance of safety in deciding to dismiss Mr Hamlin. The Full Bench said, '[s]afety is not subservient to the duty to work; it is an inherent and fundamental part of the duty to work itself.'

Background

Earlier this year, Commissioner Webster determined that the dismissal of Mr Hamlin, after he was seen riding on the back of a garbage truck down a busy Sydney street, was not harsh.

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