Robinson v Lorna Jane Pty Ltd [2017] QDC 266

By | November 8th, 2017|HR/IR, Litigation, News, Workers Compensation & Insurance|

By Kerrie Jackson This bullying and harassment case was heard before Judge Koppenol over 12 days between February and June 2017.  The much anticipated judgment was handed down on 3 November 2017.  The Plaintiff was a store manager at a Lorna Jane store.  She claimed she was bullied and harassed by an area manager which [...]

Airtasker – Did you think of insurance and injury liability?

By | November 7th, 2017|HR/IR, News, Workers Compensation & Insurance|

By Samantha Abbott Airtasker is an online service through which people can buy and sell services.  It operates on a similar business model to Uber and Airbnb, collecting commissions from workers using the site. From carpet cleaning, to furniture removal, to installing a pirate ship cubby house in the backyard, you can find someone on [...]

‘Tis the season for employers to be aware of their obligations.

By | November 7th, 2017|HR/IR, News, Workers Compensation & Insurance|

By Carlen Lowe Christmas and end of year celebrations and are upon us again and in addition to organising a memorable party, employers should be aware of their continuing obligations to their workers. The High Court case of Comcare v PVYW [2013] HCA 41 reinforced an employer’s liability for injuries in such situations where an [...]

National Safe Work Month

By | October 5th, 2017|HR/IR, News, Workers Compensation & Insurance|

October is National Safe Work Month. Safe Work Australia has released the Key Work Health and Safety statistics for 2017 which provides data on work-related injury fatalities and work-related injury and disease. The statistics are a harsh reminder for businesses to be vigilant in implementing and promoting better safety outcomes. Did you know: * The [...]

Case Summary: Trumino v Coles Group Ltd

By | September 28th, 2017|News, Workers Compensation & Insurance|

By Tristan Higham  Trumino v Coles Group Ltd [2017] QSC 211 involved the applicant who was a worker for the respondent and was injured as a result of a slip and fall on frozen water in one of the store’s freezer storage rooms, sustaining injuries to his lower back and subsequently developed further symptoms including [...]

Queensland seeks to tighten its workplace health and safety framework following tragedies.

By | August 23rd, 2017|HR/IR, News, Workers Compensation & Insurance|

By Carlen Lowe. Following the workplace tragedy at Eagle Farm Racecourse and the heartbreaking incident at Dreamworld last year, the Palaszczuk Government conducted a review into the current Work Health and Safety (WHS) framework. Under the Work Health and Safety and Other Legislation Amendment Bill 2017, the government has proposed legislative changes to create a [...]

WorkCover agrees that an injury is not work-related but the claimant seeks review to the Workers’ Compensation Regulator – what now?

By | July 11th, 2017|Litigation, News, Workers Compensation & Insurance|

By Ryan Kennedy Employers often seek our advice about reviews to the Workers’ Compensation Regulator. Often WorkCover will agree with the employer that an injury is not work-related, however the claimant will seek review.  When this happens, the Regulator must decide whether to confirm WorkCover’s decision to reject the claim as being non-work related, or [...]

Trial and Error: Preparing your documents for trial

By | June 12th, 2017|Litigation, News, Workers Compensation & Insurance|

By George Williams “It is a truism, often used in accident cases, that with every day that passes the memory becomes fainter and the imagination becomes more active. For that reason, a witness, however honest, rarely persuades a Judge that his present recollection is preferable to that which was taken down in writing immediately after [...]

Disentangling Factual Causation in Personal Injury Cases

By | June 8th, 2017|Litigation, News, Safety, Workers Compensation & Insurance|

By Georgina Wong Sections 305D(1)(a) and 305D(2) of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) Recent Case of Psychiatric Injury from Workplace Assault The Court of Appeal recently upheld an appeal lodged by an employer in The Corporation of the Synod of the Diocese of Brisbane v Greenway [2017] QCA 103 in relation to [...]

A new chapter in the Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Act

By | June 7th, 2017|Litigation, News, Safety, Workers Compensation & Insurance|

By Tristan Higham Much has been lauded about the Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Act 2016 (“the Amendment Act”)[1] and in particular the insertion of section 236B, which in short summary was inserted to reverse the effects of the judgement of Byrne v People Resourcing (Qld) Pty Ltd & Anor [2014] [...]