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Limitation extension: saved by instructing a solicitor
WCRA: credit & failure to disclose pre-existing symptoms
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MVA: “ageist assumptions are anathema” – $500k awarded
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OHS: Interpretative guides on the new Work Health & Safety Act
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HCA: DDT & appeal of Booth – causation sufficient
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Focus: Workplace Relations
Allens Arthur Robinson
In this issue: we look at work health and safety laws harmonisation; redeployment obligations in a redundancy; employer rights to determine where on-site union meetings are held; and whether asserting a right under an employment contract can ground an adverse action claim.
- Key issues in OHS harmonisation
- Reasonable to redeploy to lower paid and lower status position
- Refusal to allow lunch room union meeting reasonable
- Is a common law contract a ‘workplace instrument’ for adverse action purposes?
Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.
WCRA: unreliability & overstating = reduction in damages
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WCRA: s.287 IME – “reasonable” & “at any time”
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Adverse action: acting to maintain safety = workplace right
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Nominal defendant: strict compliance works both ways
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