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Employment Law
Flick J Facts The Applicant (Mr Robinson) began working for the Respondent (Western Union Business Solutions) on 11th February 2013. Mr Robinson took sick leave for a period of 7 months starting from September 2016 based on his claimed mental disability. 5 medical certificates supporting Mr Robinson’s condition and subsequent inability to work were issued...
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Grant v BHP Coal Pty Ltd (No 2) [2015] FCA 1374 Dowsett, Barker and Rangiah JJ Background The appellant was employed as a boilermaker at a mine in Queensland and in October 2011 he injured his right shoulder while undertaking work duties. In July 2012, the appellant further injured his shoulder while mowing his lawn....
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Wearne v State of Victoria [2017] VSC 25 Dixon J The plaintiff was employed by the defendant as a case manager responsible for youth welfare in the criminal justice system. Between February 2007 and November 2008, the plaintiff claimed she was exposed to bullying and harassment by a supervisor and as such exacerbating her pre-existing...
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Pere v Central Queensland Hospital and Health Service [2017] QDC 2 Butler SC DCJ The plaintiff claimed negligence and assault by his co-workers as a result of taking a blood sample without his consent and watching him provide a urine sample. As a consequence, the plaintiff claimed for psychiatric injuries. Both liability and quantum were...
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Reproduced with permission of Corrs Chambers Westgarth lawyers By Simon Billing (Partner), Courtney Fiddian (Senior Associate) & Thalia Botsis (Graduate Lawyer) Is swearing ever appropriate in the workplace? Six recent cases suggest that the line between what is and is not appropriate is becoming increasingly blurred.   When it comes to swearing in the workplace, context is key. Employers...
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Further to earlier posts the Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Act 2016 (Qld) received assent on 8 September 2016, without the s.10 Byrne amendment. Although, note the new s.236B in relation to contribution in such circumstances. An indemnity clause cannot be enforced against the insurer of the employer where: a worker makes a common law...
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Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2016] FCA 1032 The quantum decision of Reeves J in the adverse action claim following Mr Haylett’s unlawful termination raised several issues with respect to lost future earnings which were part of the decision of Judge Baulch in Mr Haylett’s personal injuries claim...
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Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd [2015] HCA 45 (2 December 2015) I refer you to the judgment summary. The plurality of the High Court allowed the appeal of the Fair Work Ombudsman and set aside the narrow interpretation of s 357(1) of the Fair Work Act 2009 (Cth) by the Full Court of the Federal...
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Further to the earlier post introducing the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2015. On 17 September 2015 the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill was passed and assented to on 24 September 2015 – Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2015 (Act No. 13 of 2015)....
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State of New South Wales v Shaw [2015] NSWCA 97  HEADNOTE – [This Headnote is not to be read as part of the judgment] In 1999, Mr Shaw and Ms Salt (the respondents/cross-appellants) were appointed as probationary teachers assigned to the Bourke Public School. The State of New South Wales (the appellant/cross-respondent) was deemed to...
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