Health and Safety and Employment Law: An Uneasy Interface

Author(s): compilation of papers


Materials comprised of a paper and a PowerPoint handout


John Rooney, Partner, Simpson Grierson
Liz Coats, Partner, Bell Gully
Chair: His Honour Judge McIlraith


With two legislative regimes involved, and the real possibility of both internal and external investigations, the interface between health and safety and employment law can be complex for the parties involved as competing interests and requirements meet.

These materials, premised on a notifiable incident involving injury, will highlight those areas where the two regimes meet, explore the issues that can arise and suggest possible solutions from an employment, and health and safety law perspective.

These materials will help you

  • Learn more about the steps from a health and safety perspective that are required when an incident occurs as well as whether it is necessary to inform the union if applicable.
  • Understand better the interview process in a WorkSafe investigation and how this may impact on a parallel employment investigation into the same incident as well as noting the differing purposes and potential outcomes of each.
  • Gain insights into the difficult questions of legal privilege that may arise in respect of parallel investigations, the right to avoid self-incrimination in addition to the varying time factors involved for each investigation, the position of the union and looking after the employee’s interests, the question of good faith, guilty pleas and the competing interests placed on employers and employees alike. 

Intended audience

All health and safety and employment lawyers. The seminar will be of benefit to HR personnel as well.

Publication dateJuly 2019
FormatPDF and/or hard copy
CPD Seminar Papers ISBN: C0569/P
ADLS Members $ 21.74
Non-Members (lawyer) $ 30.43
Non-Members (public) $ 30.43
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