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Tag Archives: Workplace Injury

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…

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 &…

Principal contractor found liable for sub-contractors injured employee

A principal contractor has been found liable for injuries to one of its subcontractor’s employees after the principal contractor took over a higher level of responsibility for the safe systems of work to be undertaken by the subcontractor. The employee of the subcontractor was engaged to dismantle scaffolding and fell 8 metres onto a concrete…

Breach of cardinal safety rule justifies dismissal

In a recent case before the Fair Work Commission, it was confirmed that breaching a ‘cardinal’ safety rule was a valid reason for dismissing an employee. Interestingly, the employer did not actually rely on the employee’s breach of its safety rules as the reason for his dismissal. Instead it relied on the employee’s repeated dishonest…

Failure to respond to WHS risk costs employer $400k

The County Court of Victoria has imposed a $400,000 fine for a work related accident which resulted in the tragic death of a worker. Whilst investigations into the cause of the worker’s death were not conclusive, it was found that the worker slipped into a hole in a walkway that was left as a result…