Indemnity for Fines? That is not ‘Fine’: New Victorian Laws Pass Penalties for Unsafe Workplaces Directly to Employers11 October 2021 | Insurance & Health Law
Recent amendments to the Occupational Health and Safety Act 2004 (Vic) (OH&S Act) immediately void any term of an insurance contract or arrangement which indemnifies a person or entity for a penalty imposed for a breach of the OH&S Act regardless of whether a prosecution is on foot, when the policy...
Employer fails to have employee medical records produced when defending stop bullying application7 October 2021 | Insurance & Health Law
The Fair Work Commission has refused to grant an order requiring an employee’s doctor to hand over her medical records as it may have a “harmful impact” on her health and wellbeing.
All you need to know about mandatory vaccinations8 September 2021 | Insurance & Health Law
As Australia’s COVID-19 vaccine rollout becomes increasingly available yet for the most part inoculation remains voluntary, the question of whether employers can mandate vaccinations as a pre-condition for working remains. This update will provide some insight into this much asked question as well...
High Court resolves casual employees’ entitlements in landmark decision of Rossato16 August 2021 | Insurance & Health Law
In a highly awaited decision regarding casual employees’ entitlements, the High Court of Australia (HCA) has delivered its landmark decision overturning a Full Federal Court decision by denying Mr Rossato the ability to obtain benefits under the National Employment Standards (NES).
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.