Posts: Workers Compensation

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Workers Compensation

Workplace Relations Review

Cases and Legislation June 2020

Cases and Legislation June 2020 NEWS ALERTS NSW Work Health Safety Legislation Amendments The Work Health and Safety Act 2011 (NSW) (WHS Act) was recently amended giving effect to some of the recommendations of the 2018 national review of the modern WHS Act. ...

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Workplace Relations Review

Cases and Legislation February 2020

Cases and Legislation February 2020 Post-Employment Conduct “Ex-employee fined for contempt after breaching Court undertakings" Maxilift Australia Pty Ltd v Donnelly [2020] SASC 8 Executive summary A former sales manager has been fined $7,115 and found in contempt of...

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Workplace Relations Review

Cases and Legislation October 2019

Drunkenness and vomiting at after work drinks did not justify employee's dismissal.

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Workplace Relations Review

Cases and Legislation September 2019

Employers' duty of care for employees, duty of care and contributory negligence, workers compensation and working from home, multiple roles and overtime, general protections and reason for adverse action.

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WCC finds addressing email issues with worker not reasonable action

You've got email

Under workers compensation legislation, the “reasonable action” defence is one often relied upon by insurers against claims of work-related psychological injury.

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Negligent host employer ordered to pay damages to injured labour-hire worker

Care and control

A recent decision from the District Court of New South Wales has highlighted the importance of a host employer’s duty of care to any labour-hire worker it engages where the work directions and conditions are within the host employer’s knowledge and control.

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Worker injured whilst visiting the workplace suffers work-related injury

Free Fallin'

Under workers compensation legislation, an employer will only be liable for an injury if that injury arises out of or in the course of the worker’s employment.

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Dismissed employee compensated despite vulgar language

Size doesn’t matter

Small business employer’s “disgraceful and grossly unfair” dismissal process has cost it over $10,000 in compensation.

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FWC rejects employee’s bid to reopen unfair dismissal claim after parties fail to sign terms

Yes, yes, no

The purpose of a conciliation is to help the parties resolve the matter without the need go to a full hearing before a FWC member.

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Assaulted worker denied access to workers comp for baiting and taunting co-worker to breaking point

The last straw

In a recent decision of the Queensland Industrial Relations Commission, a self-insured employer’s decision to deny a worker’s workers compensation claim was upheld on the basis that the worker’s own serious and wilful misconduct lead to his injuries.

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