Unreliable witness loses her case against employer7 February 2018 | Insurance & Health Law
The plaintiff was unsuccessful in proving her employer negligently caused a psychiatric injury, along with a perianal haematoma. In Issue Credibility. Failure by the plaintiff to prove she was bullied and harassed at work. Failure to prove physical...
Employer’s negligence limits its right of recovery from another tortfeasor1 February 2018 | Insurance & Health Law
Whether an employer, who was also a tortfeasor, could recover payments of workers compensation from another tortfeasor. In Issue Apportionment of liability. Whether an employer is entitled to recover compensation from a third party tortfeasor when the...
Victoria or New South Wales? A question of applicable law30 January 2018 | Insurance & Health Law
This New South Wales Court of Appeal decision considers whether Victorian law governs motor accident claims which relate to injuries suffered in NSW for which compensation is payable under the Victorian workers compensation scheme. In Issue Whether...
Employee awarded significant damages as a result of employer’s repudiatory conduct29 November 2017 | Insurance & Health Law
An employee is entitled to damages when an employer repudiates an employment contract. When assessing damages, the court will compare the financial position the employee would have been in if the employer had not engaged in the repudiatory conduct against
Shadow lawyers and representation in the Fair Work Commission29 November 2017 | Insurance & Health Law
A recent decision by a Full Bench of the Commission has now clarified that permission for lawyers and paid agents to represent a client in a matter before it extends to out of court activities as well (including preparing applications and making...
The importance of specifying a ‘particular time’ for employment termination to take effect29 November 2017 | Insurance & Health Law
This case concerned an employee who was given a written notice of dismissal during his probationary period of employment which did not specify the precise date for termination of his employment. Because of the failure by the employer to specify the...