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Category Archives: Injury Management & Workers Compensation

Employment Update – July 2018 – Workplace bullying, performance management, and dismissals being effected “in person”

This month we examine a case which considered the definition of bullying and also commented on what constitutes reasonable performance management. We also briefly look at a case where an employer dismissed an employee by email. What constitutes bullying under the Fair Work Act 2009 The Fair Work Commission recently dismissed an anti-bullying order sought…

FWC slams employer for treatment of injured employee

This particular case involved an employee who was required to have an extended unpaid absence from her employment as a cleaner following complicated surgery to her ankle. About four months after the surgery, a representative of the employer had a discussion with the Applicant about her medical condition and her prospects of a return to…

Employment Update – April 2017 – Federal Circuit Court provides guidance on determining award coverage; FWO compliance notice upheld

The Federal Circuit Court has given some very clear guidance to employers around the steps they must take to determine appropriate award coverage for a particular business or position. This guidance comes from a very interesting case, where a religious organisation formally contested a compliance notice delivered to it by the Fair Work Ombudsman.  This…

Employer to pay over $450k for adverse action

The Federal Circuit Court has awarded an employee $415,698 in damages, as well as imposing $50,000 worth of civil penalties on an employer following a finding that the employer changed the status of the employee from full-time to part-time as a result of the employee making a workers’ compensation claim. The Court accepted that for…

‘Depressed’ employee fails in adverse action claim

An employee who was dismissed for being unable to perform the inherent requirements of her role has failed to establish to the Federal Circuit Court’s satisfaction that the employer dismissed her because she was depressed. Background The employee, who commenced employment with the health services industry employer in 2011, was employed as an on-site Turkish…

Attempt to widen motel sex case decision dismissed

In a recent case concerning a tanker driver and his application for workers compensation, Justice Bromberg of the Federal Court of Australia rejected the employer’s interpretation of the much discussed ‘motel sex case’. Motel sex case revisited To understand the implication of this recent case, it is necessary to revisit the details of the famed…

No damages due to noncompliance with manual handling training

A recent decision of the District Court of Queensland has found that where appropriate manual handling training had been provided to an employee and their injury arose from a failure to comply with that training, the employer or host employer will not be liable for that injury. In Tawera v BDS Recruit Pty Ltd &…

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