Failing to meet your obligations
Under the industrial relations legislation
Under the electrical safety legislation
Under the workplace health and safety legislation
Under the industrial relations legislation
Employer
If an employer fails to meet industrial relations obligations, you need to talk directly with the employer first.
If this doesn't help, contact either your union Wageline on 1300 369 945.
The Queensland Industrial Relations Commission (QIRC) or the Industrial Magistrates court can order an employer who doesn't meet minimum conditions of employment to pay unpaid wages.
Alternatively you can take advantage of the Department of Justice and Attorney-General self-recovery kit (PDF, 182 KB) , enabling employees to recover unpaid wages and entitlements through the Minor Debts Court (if the claim is for less than $7,500). It is a quick, low cost do-it-yourself way to recover a minor debt without using lawyers. To file a claim it will cost between $45 and $77.
Employee
If you fail to meet your obligations as an employee, your employer may counsel you or terminate your employment.
If you feel your dismissal is unfair (PDF, 79 KB) and your employment is covered by Queensland legislation, you may have a right to file a case in the Queensland Industrial Relations Commission.
Under the electrical safety legislation
If you fail to meet your electrical safety obligation, you are breaking the law. Breaches of the legislation may be detected during an inspection, prompted by a complaint, or during an incident investigation.
Penalties can be imposed for breaches of the legislation.
Defences
Under the Electrical Safety Act 2002 (PDF, 788 KB), if you are charged with a breach of an obligation, in some circumstances you may be able to provide a valid defence by:
- establishing that the offence was due to causes beyond your control (Section 46) .
- establishing that you chose an appropriate way, took reasonable precautions and exercised proper diligence to discharge the electrical safety obligation, where there was no regulation, ministerial notice or code of practice that told you how to meet your obligation under the circumstances (Section 47) .
Sections 23 (Intention – motive) and 24 (Mistake of fact) of the Criminal Code Act 1899 (PDF, 1.5 mB), dealing with accidental acts or omissions, or a mistaken belief, are not a valid defence.
Under the workplace health and safety legislation
If you fail to meet your workplace health and safety obligations, you are breaking the law.
Putting people's health and lives at risk in a workplace may be detected during an inspection, prompted by a complaint, or as a result of a workplace health and safety audit.
Penalties can be imposed.
You can face prosecution.
Defences
If you are alleged to be in breach of the Workplace Health and Safety Act 1995 (PDF, 766 KB) you will need to show that:
If a regulation or ministerial notice has been made about way(s) to manage exposure to the risk
- you followed the way prescribed in the regulation or notice to prevent the contravention.
If a code of practice has been made stating how to manage the risk
- you adopted a way of managing the risk as stated in the code
- you adopted another way of managing the risk, took reasonable precautions and exercised proper diligence.
If no regulation, ministerial notice or code of practice has been made about exposure to the risk
- you adopted a way of managing the risk, took reasonable precautions and exercised proper diligence.
It is also a defence if you can prove that the causes of offence were beyond your control.
Last updated July 21, 2009
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