Posts: Workers Compensation

A recent decision of the New South Wales Personal Injury Commission serves as a reminder of the differing standards of proof when determining liability for claims of bullying and/or harassment under workers compensation laws and the Fair Work Act 2009 (Cth).

Work from home arrangements have become the “new normal” across many workplaces since the COVID-19 pandemic.

In cases of workers compensation involving psychological injury, employers may rely on the “reasonable management action” defence to dispute liability for injury.

In the second blog of our two-part series on inappropriate conduct and behaviour, we continue our look at the consequences of failing to address poor conduct and behaviour in the workplace.

In her usual entertaining and informative style, our Managing Director and Principal, Athena Koelmeyer, will guide employers through the tangled web of legislative obligations they face when dealing with an injured employee.

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. ...

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...

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

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.

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

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.

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.

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

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.

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.