Premium Essay

Big Bath

In:

Submitted By rlal
Words 5225
Pages 21
Law Society of Western Australia – Personal Injury Law Update
8 October 2013

BULLYING AND PSYCHIATRIC INJURY;
RECENT AND PROPOSED DEVELOPMENTS IN THE LAW
Geoffrey R Hancy
B.Juris(Hons), LLB(Hons), B.Ec(UWA), LLM(Melb)

geoff@hancy.net www.hancy.net Introduction
1

My paper covers:
1.1

Amendments to the Fair Work Act 2009 (Cth) to allow the Fair Work Commission
(FWC) to deal with bullying claims;

1.2

Recent court decisions on claims for damages for psychiatric illness;

1.3

The nature of a recognisable psychiatric illness.

Fair Work Act 2009 (Cth)
2

On 28 June 2013 the Fair Work Act 2009 (Cth) was amended to incorporate, among other changes, express provisions addressing bullying in the workplace.

3

These provisions will come into operation on 1 January 2014. They are found in a new
Part 6-4 B – Workers’ Bullied at Work (sections 789FA to 789FL).

Bullying
4

A worker is bullied at work if one or more individuals repeatedly behave unreasonably towards the worker, or a group of workers of which the worker is a member, and that behaviour creates a risk to health and safety: s789FD. Reasonable management action carried out in a reasonable manner is not bullying: s789FD.

Not to be copied without the express permission of the author

-2-

Criteria for and orders that can be made
5

If the Fair Work Commission is satisfied that :
5.1

The worker has been bullied at work; and

5.2

There is a risk the worker will continue to be bullied at work;

then it may make an order it considers appropriate (other than an order requiring payment of a pecuniary amount) to prevent the worker from being bullied at work: s789FF.
6

The FWC is required to take into account a number of matters including any procedure available to the worker to resolve grievances or disputes and any outcomes of that
procedure:

Similar Documents

Premium Essay

Income Smoothing and Big Bath

...The accounting literature provides broad evidence that managers use discretion in financial statements for purposeful adjustments of earnings figures beyond the true and fair view (Leuz et al. 2003, cited by U. Schäffer et al., 2012). There are two methods which are Income Smoothing and Big Bath. “Income Smoothing involves taking steps to reduce the good years and defer them for use during the business down-turn years” (Gin Chong, 2006). In comparison, Big Bath manipulation in the financial statistics indicates a great fluctuation. However, Income Smoothing is more ethical in accounting practice than Big Bath due to the reasons compared below. Income Smoothing has been applied in financial accounting because of its value. At first, a company uses it as a method to avoid a significant drop in its stake price due to missing a predetermined target. This method can be achieved in the annual financial reporting by accounting measures, like delaying current advertisements fee from the current to the forthcoming period, or gaining the provision of arrangements of bad debts. Managers sometimes have to do this; they make a bit change on the financial statements in order to avoid an obvious market reaction in a particular period. Furthermore, if a company’s developing-line fluctuates frequently up and down, its stakeholders and managers will lose their passion or confidence in the long run. "An overwhelming 96.9% of the survey respondents indicate that they prefer a smooth earnings path"(Graham...

Words: 549 - Pages: 3

Free Essay

Lbyhjhn

...every now and then you can almost hear her go by, driving 55. You look at the sky, clouds scattered but moving in a harmonious formation, towards where you’ll never know. You say west, but that’s your heart putting out its best guess. You think back to that brown dress, that smile that had happiness embedded from the start, light another cigarette and wait for the avalanche of stars. And if you're wondering what 250 words looks like... By This is Bath  |  Posted: July 08, 2010  Comments (0) If you are wondering how long 250 words actually is, well, look no further. This piece is exactly 250 words. Ok, it doesn't look that long and yet we are asking you to write a story of this length which will engage and entertain our readers. Your story can follow any genre. Perhaps you think life at the Bath Chronicle is classic comedy material or perhaps you can sense a thriller? Of perhaps, you may use our introductory paragraph: 'It seemed like an ordinary day in the Bath Chronicle newsroom when suddenly…' to talk about a real or imagined big news story in the city. You can also set it in whatever era in our 250 years you wish. We imagine most people will go for the present day but if you want to bring anyone from Jane...

Words: 413 - Pages: 2

Free Essay

Fictional Story Roman Times

...not be able to function today. You must of left suddenly. You had to of left quickly? You would of told me you were leaving, or I like to think you would of told me? I wish you had said you were leaving. How can you be so far away from Rome? Loving you from afar has kept me from not knowing what you are doing. I wish I was not so shy till now. My biggest fear is coming true, never seeing you again. My life can not ever be the same with you gone. I do not bother to tell anyone, as I feel nobody understands. Please tell me you will come back to Rome, that you will come to the Baths of Caracalla, and that I will see you again? I now fear we shall never unite but seeing you on my way to work always started my day off right. With undying love, Gaius Silius Dearest Messalina, I write to you again, and I wonder if you have the ability to write me back? I wonder if you will just show up at the bath houses and surprise me with your beauty? Today, I continue the plucking of body hairs. I do quite enjoy when Lucilus finds his way in here. He squeals like a little girl when I am plucking his underarm hair. This to me is not suppose to be humorous, as it is essential to keep us from looking barbaric, but some of these Romans have tears running down their face. How do they ever find the strength to go into battle and win? It is for good reason that we remove such hairs in a separate room, or many Roman men may not be known to be as fierce as we need them to be. After a long day...

Words: 1846 - Pages: 8

Premium Essay

Catherine Morland In Jane Austen's Northhanger Abbey

...Catherine Morland was born to be a heroine. We all have a stereotyped image of the hero or heroine. Yet in Jane Austen's Northhanger Abbey, Morland was shown to be an extraordinarily ordinary girl. She does not display the characteristics of a great hero or heroine that we have all come to aspect. Through the use of imagery and paradox, we, the reader, are shown an ordinary young girl who grows into an extraordinary women. The passage opens with a description of the family Morland was born into. A respectable clergyman of a father, a simple mother, and ten children, we are given the image of a standard, middle class family with a few extra children to look. One that most of us can relate to, but don't really image as a breeding ground for greatness. If anything, the extra children is only more grounds for a lack of greatness, as one out of the bunch is not likely to stand out. Morland is shown to us as another girl in an ordinary, simplistic family. The passage then continues into a description of Morland herself. She is described as having a "thin, awkward figure" and "a sallow skin without colour". The image of Morland painted in the reader's mind is not that of an impressive heroine. Furthermore, the passage continues to explain the her mental faculties were not of any particularly impressive order either. She is even described as stupid at times. The author paints the image of an average, unimpressive girl rather than what we generally consider a hero. The tastes of Morland...

Words: 495 - Pages: 2

Premium Essay

Privacy Policies

...Question 1 Part A The German people are extremely private by nature. They do not like publicizing their lives, which is why social networking facilities like blogs, etc. have not caught as much attention in Germany as they have in other countries. Thus, they considered Google Street View as an intrusion into their personal lives, since it could record anything that was happening on a particular road. It caused quite a fuss in Germany and people took up the issue with the court. In a monumental decision in 2010, the Berlin Supreme Court ruled that Street View was legal. People also came up with a term “Verpixelungsrecht”, which means the right to be pixelated. The people asked Google to blur out their faces from the pictures and also blur out the license plates of vehicles and other information like that. Thus, we can see that, overall the German people did not provide a positive response to Google Street View; since they believed it would invade their private lives inside their homes by roaming the streets and taking pictures. Part B Jeff Jarvis tried to convince the German people that Google Street View was not actually invading their privacy, but it was taking pictures of historical sites and national monuments, which were publicly owned. Occasionally, it would include people in its pictures. But these would still be legal as the Google cameras were not focusing on specific individuals. Jeff Jarvis also compared the Google Street View with the European tabloid “Bild”, which...

Words: 825 - Pages: 4

Premium Essay

The Wife of Bath's Tale

...“The Wife of Bath’s Tale”: The Envy of Youth In “The Prologue of the Wife of Bath’s Tale” experience, power-struggles, and manipulations created knowledge, but eventually after time age had belittled: and the envy of the young arose. The main objective is authority, who is engaged by it, who has acquired it, who is deprived or ruined from it; and how can one acquire it. The wife engages her audience by sharing her experiences. She says, “Experience-and no matter what they say in books-is good enough authority” (219). By her disregarding those books, she attempts to show that her experiences have more value; it also suggests the books may be judgmental about her beliefs, character, or life choices. Yet, “good-enough” can also be perceived as a sign of weakness and therefore cause her to lose credibility in her experience. Nevertheless, she soon reveals the advantages of her experiences and shows a great delight in demonstrating her power to control and dominate her marriages. Regarding an older husband, she said, “For during his life I’ve “power of his body” and not he” (223), she is claiming power over an object is proclaiming that until her husband dies, she will have possession over his body. Also makes sure to point out, she has the control, not him. Which also gives a sense of the power struggles between sexes. Her arrogance is so strong that she admits she didn’t value her husband’s love. Then again, why would she? She is only interested in sharing the techniques...

Words: 1721 - Pages: 7

Premium Essay

Personal Statemen

...Personal Statement This is my application to the Lingnan University, to study the BBA course. By completing my studies at associate degree, this BBA will complement and enhance my qualification. The application is supported by my CV and evidence of my qualifications, references and my eligibility to study. This will verify the information contained within this application. I am an extremely industrious student, and believe the more you put in to studying (as with all aspects of life), the more you get out of it. Studying increases knowledge, and confidence. This in turn increases curiosity, leading to further study. Since deciding I would like to complete an BBA to further my career, I have spent a great deal of time researching all of the options open to me. From my research, the Lingnan University is my first choice. I have compared this university with all the alternatives and have decided this is where I would like to study. This decision is due to the university’s good reputation in teaching, research and with their business partnerships. These business partnerships, allows their students to research real life scenarios, and to apply theories to resolve these situations. I believe it is very important to gain a BBA from a university that is well known within the business sector for their progressive and high standard of teaching and development of students. To succeed in life, you have to remain focussed on what is important to achieve the goal...

Words: 853 - Pages: 4

Free Essay

Bath Salts

...307 Dr. Pete March 16, 2014 Quickly Emerging Impacts of Bath Salts The first thought that comes to mind when I hear the term bath salts is the actual crystalline substance that is placed in bath water and simply dissolves in order to perfume, or soften the bath water. In today’s society the use of bath salts is much more that. This new trending substance began to take on an emerging effect in the U.S. and Europe populations at the end of the last decade. Synthetic cathinones are usually in the form of a white or brown crystalline powder that comes packaged in plastic or foil. “Not for human consumption” is the most common label that can be found on the outside of the package, but others may be labeled as “plant food,” “jewelry cleaner,” or “phone screen cleaner.” The pathological impacts and psychological impacts of this newly emerging drug are very closely related in the way that some of the effects could be caused psychologically and pathologically. In regards to pathological impacts it is referring to the effects on how this synthetic drug affects the user. the Specific impacts the individual could experience be rapid heart palpitations, chest pains, sexual stimulation, excessive energy, nausea, and elevated blood pressure. In more extreme cases, reporters have indicated intense aggressiveness and psychotic behavior with amplified psychical force. Just like the pathological effects, the psychological effects of bath salts also vary from a large list. Psychological effects...

Words: 674 - Pages: 3

Premium Essay

Roman Bath Research Paper

...Bath Bath is a city in the ceremonial county of Somerset, South West England, that is known for the curative Roman-built baths that still exist there. In 2011 it’s population was 88,859. Bath is located 97 miles west of London and 11 miles south-east of Bristol. This beautiful city, in the valley of the River Avon became a World Heritage site in 1987 for it’s historic and cultural significance. Bath’s honey-coloured architecture glows in the summer sun, is shrouded by burnt orange ivy in the autumn and looks beautiful with a light dusting of snow in the winter – this incredible city is a great visit all year round. Most visitors come for day trips or for the weekends so the best way to avoid the crowds would be to stay mid-week. Baths climate...

Words: 795 - Pages: 4

Free Essay

Synthetic Drugs

...Synthetic Drugs In the Good Morning America article “’Bath Salts’: Use of Dangerous Drug Increasing Across U.S.”, the many dangers of designer drugs are exposed. One of these dangers being the creation of the new designer drug: Bath Salts. Bath salts have become the hot new thing in teenagers today because of how easy it is to obtain the drug. Although the drug may be easy to find, the designer drug is not easy to get rid of in your body. Recently, there have been many attacks from people that were high on the new drug. The most famous being a Miami man who was killed after he ate almost all of a homeless man’s face. Because of this incident, the drug became more popular and the U.S. began to take action in order to ban the new designer drug. Recently, a Delaware senator, “ praised pending legislation proposing a nationwide ban on "bath salts," a dangerous synthetic drug that's on the rise in the United States and might have led to the recent attack in Miami where a man allegedly ate off 80 percent of a homeless man's face.” (Dolak). By the senator praising the pending legislation, it shows how America is concerned with the new drug and the effect it has on their people. Through the use of ethos, pathos, and logos, as well as different sources Kevin Dolak’s article “’Bath Salts’: Use of Dangerous Drug Increasing Across U.S.”, portrays the dangers that bath salts has on the many Americans that are using the designer drug today. The author applys to ethos throughout the entire...

Words: 1031 - Pages: 5

Premium Essay

Importance of the Letter

...Once upon a time there was a gorges and clever girl called Tina.  She was 8 years old.  Everybody liked her but one thing she didn’t like was having a bath before sleeping at night. One night her mum told her that she have to have a bath but Tina said “I won’t have a bath” her mom got angry and sent her right to bed .Tina started crying and just slept. The next morning Tina woke up, got dressed, had her breakfast, said goodbye to her mum and went to school. In school no one sat next to her just because she smelled. When it was home time she went to her mum and told her everything. Her mum said “See that is because you don’t  wash." That night Tina had a bath so the next morning everyone played with her in school. That was because she washed and got clean and smelled nice. My Trip to the Beach A long time ago I went to the beach. Before we left  we loaded all our beach gear into the car. Continuing down the road my sister and two brothers and I sang songs to keep from falling into the depths of boredom. Deciding where to stop for dinner was a real challenge. Everyone  wanted to eat at a different restaurant. Finally Dad stopped at Cracker Barrel. I chose green beans, potatoes, and steak for my dinner. We all drank hot cocoa and whipped cream for dessert. Initially we had hoped to reach our  destination, Pensacola, before midnight, but it seemed impossible. Just after we crossed the Georgia/Florida border my dad stopped at a hotel. Keeping quiet not to wake the others...

Words: 811 - Pages: 4

Premium Essay

Unit 18 Task 4

...Unit 18 Task 4 [M1] Before hosting an event there are a number of organisation and legal procedures that you have to prepare before you can host your event otherwise you can be liable to be potentially shut down or worse yet sued. In the case of the music tech festival we recently hosted in the City of Bath College on May the 15th we had to prepare a risk assessment for a number of reasons, firstly it is important to identify all the possible risks to attendees, staff and nearby citizens, it is important to do this so that we can reduce risk of injury to anyone involved within the event and it is also helpful to have a risk assessment if in the worst case scenario somebody does get injured you can have precautions to take in order to get them the help they need quickly and efficiently. The aim of the risk assessment process is to remove a hazard or reduce the level of its risk by adding precautions or control measures, as necessary. By doing so, you have created a safer and healthier workplace. A risk assessment is a justified precaution for a various of reasons, risk assessments are very important as they are the backbone of health and safety, they are a very integral part of a advanced occupational health and safety management plan. Risk assessments are a justified precaution with many positive impacts as they help to create awareness of hazard and risks and also identify who may be at risk. For example employees, cleaners visitors, contractors and the public. Risk assessments...

Words: 1295 - Pages: 6

Free Essay

Snapshot

...Let’s Take this Private: Linens’n Things versus Bed Bath & Beyond 1. Assume that you are Robert DiNicola, CEO of Linen’n things, what specific competitive strategy and implementation plan would you take to turn around LNT? * improve supply chain, lower their cost * Improve online store, online shopping * Differentiation strategy * Globalization. They can seek international partner to expand their business * Learning the successful experiences from Bed Bath & Beyond 2. Will DiNicola’s effort to turn around LNT be aided or hindered by changing economic and industry conditions (show your macro environment and industry analysis? Be aided * Industry consolidation. Business environment becomes less favorable. It’s good for LNT to turn around based on the big scope and the existed structure. * Integrate internet. It’s good for LNT to build the online store * Globalization of the fashion. It’s good for LNT because of their differentiated products. Be hindered: * Slow increasing rate with intensely competition. The maturity of the U.S. market. * Industry consolidation makes the large companies stronger, but LNT fall behind some big companies like BBBY. So it’s hard to catch up. * Financial crisis. * Government policies affect the industry performance. e.g. interest rate adjustment. High interest rate, low purchase. 3. How had Bed Bath & Beyond come to surpass Linens’n Thins over time despite its similar...

Words: 453 - Pages: 2

Premium Essay

Business

...Bed Bath & Beyond was started in 1971 by founders Warren Eisenberg and Leonard Feinstein, who originally called it Bed 'n Bath and opened the first store in New Jersey. As per the name, it initially only sold items for the bedroom and bathroom. By 1985, it had expanded to 17 locations. Two years after that, the name was changed to Bed Bath & Beyond to reflect its full range of "domestic merchandise and home furnishing," as the company puts it. By 1991, it hit $134 million in sales, going public on the NASDAQ stock exchange one year later. The company’s portfolio grew in other ways when the new millennium hit. It bought health and beauty retailer Harmon’s in 2002, and the nothing-but-tchotchkes Christmas Tree Shops the year after. In 2007, it acquired Buy Buy Baby, and in 2012, both Linen Holdings, LLC and Cost Plus World Market. Currently operating six different businesses, Bed Bath & Beyond, Inc. now owns a total of 1,512 stores, according to its most recent earnings call; Bed Bath is its largest subsidiary with 1,020, or 67%, of its total stores. Bed Bath’s merchandising concept—a massive space offering a plethora of products—is known in the retail world as "big box." It’s the opposite approach of carefully curated home stores like Williams-Sonoma and Crate & Barrel, but was widely popular when Bed Bath first hit the market. Toys "R" Us was the first retailer to adopt this "category killer strategy," explains retail analyst Warren Shoulberg. In the pre-e-commerce...

Words: 507 - Pages: 3

Premium Essay

Linen N Things

...Linen N Things Linens ’n Things Center, Inc. is a wholly owned subsidiary of Linens ’n Things, Inc. The Company and Linens ’n Things, Inc. are wholly owned subsidiaries of Linens Holding co. The Company is a specialty retailer of home textiles, housewares and home accessories in North America operating 589 stores in 47 United States and seven Canadian provinces as of December 29, 2007. The Company is a destination retailer, offering one of the selections of brand-name, as well as private label home furnishings merchandise in the industry. The Company’s average store size of approximately 33,000 gross square feet enables it to offer a more comprehensive product and brand selection than department stores and other retailers that sell home furnishings. The Company’s primary target guest is female between the ages of 25 and 55 who is fashion and brand conscious, has better income and focuses on the home as a reflection of her individuality. On the surface, LNT and BBBY companies were pursuing a similar business-level strategy of cost leadership, but key strategic decisions led them down quite different evolutionary paths. Both companies focused on providing consumers with high-quality houseware goods in a no-frills, value-priced environment, but LNT's decision to build centralized warehouses - seemingly consistent with a cost leadership strategy - ended up bringing it into direct competition with Target and Walmart. In contrast, BBBY allowed for greater decentralization in decision...

Words: 958 - Pages: 4