Commonwealth programs and laws

When an employee suffers injury in the course of employment, and specifically due to the negligence of the employer, there arises serious legal questions with regard to the statutory duties of the employer, and a question as to whether the employee contributed to the occurrence of the injury or not. Jean, who is the affected party here also happens to be the only female person in this company, apart from alleging that it is due to the negligence of the employer that she suffered damages, she also has a legal claim to make under the Sex Discrimination Act (Tooma, 2004: p204)

The Occupational Health and Safety Act of 2000, has the main objectives of promoting safety, health and welfare of all workers at their places of work, promotion of a safe working environment, and to ensure that workers are protected from injury and illness which may result from the working conditions. Under the Occupational Health and Safety Act of 2006, the employer is given a statutory obligation to ensure a duty of care towards the workers at their places of work. The employer must ensure Safety, health and that the welfare of the employees are taken care of.

If an employee suffers any injuries because of the employers negligence, the employer is liable to pay the employee for the damages suffered. Jean is accorded protection under the provisions of the Sex Discrimination Act, 1984 which provides that no person should be prohibited from getting an opportunity, or treated unfairly on the basis of potential pregnancy or pregnancy, sex, or marital status, while in their areas of work, education, accommodation or in the access of goods and services, such as land disposition, or be discriminated in the administration of Commonwealth programs and laws (Ree & Lindsay, 2008: p78-79).

Jean has a legal right to bring an action against the company for work cover and all the damages she suffered during her period of employment. The employer in this case had been negligent in ensuring a safe working environment, and welfare for Jean, whose complaints were always dismissed. The company is supposed to pay damages for injuries suffered by Jean, loss of future earnings due to the permanent damage done on the hand, and any other costs decided by the court. The company may also get any other disciplinary measures under the provisions of the sexual discrimination Act.

Question 2 (b) Roy should improve the working environment in his business to ensure that the surrounding conforms to the requirements of the Occupational Health and Safety Act, which requires a safe and healthy working environment for all workers in a company. By closely following the provisions of the Act, Roy should not only work on the environment at his business place, but also educate his employees on work ethics and how they are supposed to behave during their cause of employment.