Workplace Prosecutions:

Workplace prosecutions can occur where a cause of action has arisen between either the employer and his employee (or contractor, agent or representative) or between employees themselves. A claim can also be made in some circumstances by a member of the public who has suffered some form of injury, loss or damage. A workplace prosecution can also arise in relation to a dispute or claim of right between any party involved in the workplace and a third party that is somehow connected to the subject matter of the labour performed at the workplace, such as their insurer or a guarantor. Some basic examples of workplace prosecutions can include the following issues and topics:

1. Breach of contract
   • Allegations involving the failure to discharge a duty or responsibility
   • Interpretation of ambiguous terms and conditions
   • Disputes concerning scope of warranties
   • Disputes concerning scope of indemnities
   • Unperformed services
   • Undelivered goods
   • Unpaid wages
   • Unpaid commission
   • Debt collection
   • Offset disputes
   • Use of company property
   • Creation of intellectual property
   • Use of confidential information
   • Disputes relating to goodwill
   • Discrimination:
   • Harassment
   • Bullying
   • Vilification
   • Oppression
2. Breach of duty of care
   • Professional standards
   • Community expectations
   • Disputes concerning evidence
3. Action in negligence
   • Negotiation
   • Alternative dispute resolution
   • Litigation
   • Action in professional negligence
4. Negotiation
• Alternative Dispute Resolution
• Statutory or industry specific processes
• Litigation
5. Workplace insurance law disputes
• Liability to pay under policy
• Exclusion clause disputes
• Payment of premiums

Many of these areas of practice are covered in their respective articles on this website. For more details information, visitors are encouraged to consult with the relevant page for more information.

These are just examples of the many issues that can arise in a workplace prosecution. In some cases, Work Cover can compel questions to be answered by a party in due course of an investigation. Where those questions are not answered, an offense may have been committed and this can give rise to additional liabilities. There may also be implications in relation to potential criminal law proceedings that could arise from the same facts. These matters can be complex and convoluted. It is important that workplace prosecutions legal advice is obtained when a party is facing these kind of proceedings.

Because of the nature of this area of legal practice, the principles that relate to both civil litigation and commercial litigation may be relevant. A civil litigation solicitor or a commercial litigation solicitor will be able to consider the facts of a case and assist in preparing a defence. Where the civil litigation lawyer has had commercial litigation experience, or conversely, where the commercial litigation lawyer has had civil litigation experience, the workplace prosecution legal advice will be more formidable due to the broader perspective from which the relevant issues and problems can be analysed.

If you are preparing to defend against a workplace prosecution, you may wish to contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au and make an appointment to see one of our solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.