Right call, wrong time – when does a requirement become inherent?10 May 2022 | Insurance & Health Law
The FWC finds that Baptcare Limited had “prematurely” dismissed an unvaccinated worker by not taking into account his ability to perform his role from home. In Issue Was it unreasonable to dismiss an unvaccinated employee who, while pursuant...
Vaccine Policies in a Post Pandemic Workplace – Tips to Minimise Claim Exposure11 April 2022 | Insurance & Health Law
As we adopt a ‘living with COVID-19’ mentality, State Governments are slowly shifting their position and allowing organisations and individuals to manage their own risk in relation to mandatory vaccination. In what may be a signal of things to...
Don’t bunk drunk - Employer pays for bizarre toilet mishap29 March 2022 | Insurance & Health Law
An unusual urinating incident has prompted consideration of the scope of employer’s vicarious liability. A broad interpretation of the requisite connection to employment in Schokman v CCIG Investments Pty Ltd serves as a caution for employers that should not be overlooked.
It’s all in what’s written: High Court lays down the law for the contractor/employee dichotomy28 February 2022 | Insurance & Health Law
Following a detailed examination of the terms of the contract between the parties, which was wholly in writing, and a clarification of how Courts should approach these questions, the majority of the High Court of Australia found that the character of the contract between the parties was one of an...
High Court decision regarding change of status from employee to independent contractor28 February 2022 | Insurance & Health Law
The High Court found that two individuals, who were initially employed by a company and then released to be engaged as independent contractors by the same company, were from the time of the new engagement independent contractors and not employees.
Religious Discrimination Bill 202120 December 2021 | Insurance & Health Law
The Federal Government has released the draft Religious Discrimination Bill 2021 which allows religious bodies and schools to make employment decisions based on the employee’s beliefs to preserve the “religious ethos”.