What are food delivery drivers - employees, independent contractors or neither?21 July 2021 | Insurance & Health Law
There is no doubt that online food delivery platforms such as UberEats, Foodora, Deliveroo and Menulog have attracted the attention of Australians in the last few years, and with Uber alone engaging over 62,000 drivers in Australia, it begs the question – are delivery food drivers employees,...
Vicarious liability of sub-contractor for employees’ breach of duty to employee of another sub-contractor15 July 2021 | Insurance & Health Law
The plaintiff allegedly sustained a psychiatric injury after witnessing physical injuries to employees of a sub-contractor on a work site. The plaintiff was unsuccessful in establishing liability against either defendant.
Why are damages sofa apart?4 May 2021 | Insurance & Health Law
The Plaintiff alleged that he injured his back whilst moving a large sofa which subsequently led to him suffering a serious psychiatric illness. Although the parties agreed that the Plaintiff was entitled to damages, their respective assessments differed significantly.
Employers should not assume they can require employees to receive COVID-19 vaccination23 April 2021 | Insurance & Health Law
In a recent decision delivered by the Fair Work Commission (FWC) a childcare centre has been cleared of its decision to terminate Ms Bou-Jamie Barber’s employment due to her unwillingness to receive an influenza vaccination.
Employer found liable for injuries to worker due to in-house modifications performed on machinery10 March 2021 | Insurance & Health Law
The New South Wales Court of Appeal recently found an employer defendant to be liable as a result of in-house modifications it undertook on machinery in circumstances where adequate engineering advice had not been first obtained.
Employer avoids liability for workplace psychiatric injury on causation grounds17 December 2020 | Insurance & Health Law
A Victorian government legal office has successfully appealed a finding of liability for psychiatric injuries suffered by a solicitor working in a sexual offences unit because the solicitor failed to establish that measures open to be taken would have...