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Directing a worker to “tackle that task” inadequate: Court of Appeal finds employer liable for fall
22 October 2020 | Insurance & Health LawThe NSW Court of Appeal has overturned the Supreme Court’s findings that an employer was not required to take additional precautions in respect of a risk it created. In Issue Whether the defendant breached its duty of care to the plaintiff by...
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Employee awarded $45,000 in sexual harassment claim
16 October 2020 | Insurance & Health LawA decision delivered by the Anti-Discrimination Tribunal of Tasmania (ADTA) has resulted in a complainant being awarded $45,000 against a former delivery driver that would frequently engage in conduct that constituted sexual harassment. The background On...
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High Court clarifies calculation of paid personal/carer’s leave
17 August 2020 | Insurance & Health LawA majority of the High Court of Australia has clarified that employees who work longer hours over a shorter number of days in an ordinary working week are not able to use those hours as a basis for quantifying their entitlement to 10 days of paid...
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Callous transfer directive backfires on childcare employer
17 August 2020 | Insurance & Health LawA childcare worker has been reinstated to her former role after the Fair Work Commission (FWC) found that she was forced to resign due to her employer’s unreasonable relocation directive. This matter involved an unfair dismissal application made by...
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From roughhouse to courthouse – skylarking, surveillance and spurious claims
10 August 2020 | Insurance & Health LawThe NSW District Court has found in favour of the plaintiff in a personal injuries case, which involved serious challenges to his credibility. Both the circumstances of the incident (which resulted in him sustaining a serious ankle fracture) and the...
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Delivery driver’s ignorance of theft warrants employment termination
14 July 2020 | Insurance & Health LawThe Fair Work Commission (FWC) has upheld an employer’s decision to terminate the employment of its delivery driver employee following an isolated incident involving theft by another of a company vehicle he was driving. The background On 5 November...
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