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  1. Sub-contractor solely liable for injuries to labour hire worker

    26 October 2017 | Insurance & Health Law

    This case deals with the issue of apportionment of liability between an employer, principal contractor and sub-contractor when a worker was injured on a building site. In Issue Apportionment of liability for injuries to a worker on a construction site The

  2. Mine operator successfully relies on contractual indemnity

    4 October 2017 | Insurance & Health Law

    Whether the contractual arrangements between the defendants resulted in a transfer of liability from one defendant to another. In Issue Whether plaintiff caused or contributed to his own injuries Whether the excavator operator was employed by the mine...

  3. Labour hire employers must follow due process when host employers dismiss their workers

    25 August 2017 | Insurance & Health Law

    TasPorts supplies labour to privately owned ports. Grange Resources engaged TasPorts to provide personnel for its loading and shipping work. Gee was an employee of TasPorts, assigned to work at Port Latta for Grange Resources. Grange Resources accused Gee

  4. Employer hit with hefty penalties for sham contracting

    25 August 2017 | Insurance & Health Law

    The High Court found an employer contravened the sham arrangement/contracting provisions of the Fair Work Act 2009 (Cth) (the FW Act). The proceedings were then remitted to the Federal Court which imposed hefty penalties. In Issue Breaches of sham...

  5. Agreeing to an employee's request to be demoted constitutes adverse action

    25 August 2017 | Insurance & Health Law

    The Federal Court of Australia found that although the employer's agreement to an employee's voluntarily request to transfer to a lesser paid position which was more vulnerable to redundancy constituted adverse action, that its reasons for doing..

  6. Dismissal of employee who sent abusive emails from work email account is not unfair

    25 August 2017 | Insurance & Health Law

    The Fair Work Commission held that dismissal of an employee who sent abusive emails from work email address was not unfair. In Issue Whether the dismissal of an employee who sent abusive emails from his work email account was unfair The Background Mr...

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