South Australian Court of Appeal sets new high water mark for exemplary/punitive damages in asbestos cases.

By |2019-02-19T18:09:15+10:00February 13th, 2018|Black Lung and Dust Diseases, Case Studies, News, Workers Compensation & Insurance|

By Tristan Higham Amaca v Latz [2017] SASCFC 145 Background The plaintiff was diagnosed with terminal mesothelioma in October 2016. He alleged he contracted the disease as a result of his exposure to products manufactured by James Hardie and Coy Pty Ltd (“James Hardie”), between 1976 and 1977 when he [...]

It no longer stays

By |2019-02-19T18:09:15+10:00February 13th, 2018|News, Workers Compensation & Insurance|

By SiSi Soong On 31 August 2017 the Queensland Government enacted the Workers Compensation and Rehabilitation (Coal Workers' Pneumoconiosis) and Other Legislation Amendment Act 2017 (“Act”). The well-known purposes of the Act are to provide stronger workers’ compensation protection for black lung workers and improve the electrical safety licensing framework. [...]

Pre-employment Medicals

By |2019-02-19T18:09:15+10:00February 6th, 2018|HR/IR, News, Workers Compensation & Insurance|

By Carlen Lowe Employers owe a high duty of care to its employees and a pre-employment medical examination may go towards fulfilling those obligations.  Such assessments can: Confirm an applicant is able to perform the inherent requirements of the role; Allow an employer to account for any disabilities, impairments, and [...]

Back to work and the year ahead

By |2019-02-19T18:09:16+10:00January 29th, 2018|HR/IR, News, Workers Compensation & Insurance|

By Samantha Abbott With a new work year ahead and potentially new workers on board, it is a prudent time for businesses to review their workplace health and safety systems and ensure workers are properly inducted, trained and supervised in their role. Equally it is important to review plant and [...]

Does your business provide labour hire or use labour hire?

By |2019-02-19T18:09:16+10:00January 24th, 2018|HR/IR, Litigation, News, Workers Compensation & Insurance|

By Samantha Abbott The Labour Hire Licensing Act 2017 (“the Act”) commences on 16 April 2018. The Act responds to the Report of the Queensland Finance and Administration Parliamentary Committee Inquiry, released on 30 June 2016, which contained evidence of exploitation of labour hire workers including mistreatment of workers, not providing appropriate [...]

Top 5 Tips for Managing a Litigant Employee

By |2019-02-19T18:09:16+10:00January 23rd, 2018|HR/IR, Litigation, News, Uncategorized, Workers Compensation & Insurance|

By Brooke Wilton It can be satisfying to know that you have helped an injured worker through their rehabilitation and assisted them to return to work within your business; but navigating the ongoing employer/employee relationship can become more difficult when an employee decides to bring a common law claim. Here [...]

Managing Risk: The 3 Key Benefits of Site Visits

By |2019-02-19T18:09:16+10:00January 18th, 2018|HR/IR, News, Workers Compensation & Insurance|

By Georgina Wong Did you know that the police forensic investigation team often visit wrecking yards to conduct tests to determine the cause of a motor vehicle accident?  This is something I learned when I recently conducted a site visit to investigate a personal injury claim. Many people believe that [...]

Robinson v Lorna Jane Pty Ltd [2017] QDC 266

By |2019-02-19T18:09:16+10:00November 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 [...]

Airtasker – Did you think of insurance and injury liability?

By |2019-02-19T18:09:16+10:00November 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, [...]

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

By |2017-11-07T06:38:46+10:00November 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 [...]