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Employment Law
February 2014 In this issue: we look at a union’s contravention of the general protection laws; new legislation that will expand the powers of the federal building industry regulator; the Fair Work Commission’s ruling on urine testing and its implications for employers; a Fair Work Commission ruling affirming reinstatement as the primary remedy in cases...
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Colson, Mark v Barwon Health U2012/10440 Summary of decision 1. This decision concerns only the question of remedy. Previous decisions of Commissioner Roe and the Full Bench on appeal have dealt with the question of whether the dismissal of Dr Mark Colson by Barwon Health, was harsh, unjust or unreasonable. 2. The Commission has determined...
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Authors: Peter de Silva, Senior Associate & Liam Fraser, Lawyer The recent amendments to the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (WCRA) allow an employer during the hiring process to: Request that a prospective worker disclose pre-existing injuries or medical conditions. Ask the Regulator for a copy of a prospective worker’s claims history summary,...
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Further to earlier posts about the new anti-bullying laws to commence on 01/01/2014 the Fair Work Commission has released its case management model. Brisbane Barrister – David Cormack
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Cross v Moreton Bay Regional Council [2013] QSC 215   A council roadsign checker who sustained a disc injury in early 2006 as he slipped from a truck step while descending and fell to the road below, is the beneficiary of a $642,000 judgement delivered this month by the Brisbane Supreme Court.   Read more....
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  Article by Stephen Trew and Jennifer T Teh Holding Redlich In the recent case of Szanto v ISS Facility Services Pty Ltd [2013] FWC 3270, the Fair Work Commission (FWC) has provided some clarification of when a “job” is no longer required to be performed by anyone for the purposes of determining the entitlement...
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In this issue: we look at the risks of dismissing an  employee on the basis of a sham redundancy; the need to clearly document changes  to employment arrangements; when legal representation before the Fair Work  Commission will not be granted; an employer’s duty of care in relation to  workplace bullying; and a case illustrating the...
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NK Collins Industries Pty Ltd v The President of the Industrial Court of Queensland & Anor [2013] QCA 179   JUDGES: Holmes and Fraser JJA and Margaret Wilson JSeparate reasons for judgment of each member of the Court, each concurring as to the orders made ORDERS: Allow the application for an extension of time within...
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Dmitri Gramotnev v Queensland University of Technology [2013] QSC 158   JUDGE: McMeekin J ORDER: My answer to each of the separate questions is ―no‖; I direct that the defendant make any such submission as it may be advised as to any further order that it seeks on or before 4pm on 26 June 2013....
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In brief: Laws were passed yesterday to amend the Fair Work Act 2009 (Cth) to introduce new anti-bullying measures allowing individual workers to bring an action to stop workplace bullying. Employers should ensure they have a policy and procedures in place to respond to bullying claims. Partner Simon Dewberry (view CV) and Law Graduate Timothy...
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