Legal and Ethical Issues affecting the hospitality industry

Legal Issues:

Ethical Issues:

Privacy

Hygiene

Liquor

Gaming

Environment

Health and Saftey

Consumer Protection/ Trade Practices

Workplace Relations

Equal Employment opportunity

Anti-Discrimination

  • Anti Discrimination Act 1977 (NSW)
  • Various parties interact in relation to human resources to determine wages and working conditions.
  • Including : Government, Employers and employer groups/associations and employees and trade unions
  • Fair Work Act 2009: includes National Employment standards, National Minimum wage case, Modern awards, organisation bargaining arrangements, dispute resolution e.g. unfair dismissal and two government bodies known as Fair Work Australia and The Fair Work Ombudsman
  • Smoke Free Environment Act 2000 (NSW)
  • Smoke Free Environment Regulation 2007
  • Liquor Act 2007 NSW
  • Liquor Regulation 2008 NSW
  • Privacy Act 1988 (Cth)
  • Food Act 2003 (NSW)
  • Food Regulations 2010 (NSW)
  • Gaming Machines Act 2001 (NSW)
  • Gaming Machines Regulation 2010 (NSW)
  • Work Health and Safety Act 2011 (NSW)
  • Work Health and Safety Regulations 2011 (NSW)
  • Fair Trading Act 1987 (NSW) (as amended)

e.g. Lock out laws

e.g. no under 18's allowed in gaming area

e.g. signs telling you were you can and can't smoke

e.g. Offering products that are unsafe and ensure the descriptions are correct

e.g. employers aim to make as much profit as possible, whereas employees aim to earn a fair wage under fair working conditions and the government aims

e.g. How they collect and use personal information of individuals. This includes how they collect and use personal information and whether it is disclosed to a third party.

  • Equal Employment Opportunity (Commonwealth Authorities) Act 1987 (Cth)

e.g. stipulates that employment and promotion opportunities must be based on merit rather than irrelevant characteristics such as age, gender, marital status, sexual preference, nationality or disability

  • Equal opportunity for women in the workplace amendment Act 2012 (Cth)

e.g. addresses the lack of opportunities for women and discrimination that women had previously experienced

e.g all customers should be treated fairly and not be discriminated based on irrelevant characteristics

e.g. The organisation and food handlers must comply with minimum standards of hygiene

e.g. to protect workers and other persons against harm to their health and safety, through the elimination or minimisation of hazards and in the case of workers, to also protect their welfare

Workers compensation

  • Workers Compensation Act 1987

e.g. If worker gets injured at the workplace they will get compensation because they have to have time off and have to pay for medical fees.

Confidentiality

Tipping

Commisions

Free service

Pricing

Overbooking

Familiarisations

Fraternisations

Product recomendations

Should always be exercised in relation to customer information, particularly when guests are checking in and other may be lurking around listening for the guests details

e.g. Guest room numbers and names should be kept confidential