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  • Article

    Can an email or an impromptu discussion be an informal counselling action?

    A counselling action can be seen as reasonable administrative action, even if it is undertaken on an informal basis. .
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    How to stop paying workers compensation after 33 years

    Compensation was paid for 33 years, so Comcare had to prove that the symptoms were no longer related to that incident.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    It is all fun and games – but is it work related?

    Employee sues - did the injury occur during a shift of work or during an interval between 2 detached shifts of work? .
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    NBN and RAA in the AAT: Tribunal confirms Martin v Comcare significance threshold

    This interpretation of Martin v Comcare by the Tribunal goes further than terms that were expressed in the High Court.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    No diagnosis equals claim denied

    Tribunal was asked to decided whether injury was as a result of his employment.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal confirms physiological change necessary for an Injury under Comcare scheme

    The Tribunal considered whether an executive was entitled to further compensation in relation to a shoulder injury.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal overturns Comcare liability for shoulder injury in Centrelink worker

    The Tribunal found that the weight of the expert evidence did not support the worker's claimed mechanism of injury.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    You be the Judge: does the Worker or Tribunal decide on the type of permanent impairment to be assessed?

    The Tribunal needed to decide which claims were permanent impairments under the SRC Act, having regard to the evidence.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Mandatory reporting – Cyber breach

    Agencies and businesses governed by the Privacy Act will be required to notify individuals of any serious data breach.
    AustraliaPrivacy
    HBA Legal
    HBA Legal
  • Article

    Get your stairway examined - Plaintiff awarded $1.6M for "stumble, loss of balance and fall" upon a stairway

    An employer's duty is very high and can include engaging experts to inspect things such as stairways for latent defects.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Objections refused! Tribunal issues summons for mental health records

    Psychologists obligations to comply with summons for medical records trumps any privacy & duty of care obligations to patients.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    Xue v Karimbla Properties (No.45) Pty Ltd (No 2) [2023] NSWSC 795

    2 lessons - Court holds a broad discretion as to costs & Walk Away offers are capable of engaging the Calderbank principles.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    Confused about COVID-19 lockdown laws?

    The latest movements restriction order directs that you must not, without reasonable excuse, leave your place of residence.
    AustraliaCoronavirus (COVID-19)
    HBA Legal
    HBA Legal
  • Article

    Dont fall for a smoko: compo for fast food worker injured while smoking before shift

    Whether an area of the premises is considered a "place of employment" depends on the worker's duties at that time.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Exclusion is not the aim of the game when it comes to considering the reasonableness of aids or appliances

    A transporter van for a wheelchair qualified as an 'aid or appliance', as prescribed by section 39(1)(e) of the SRC Act.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    NAB call centre off the hook over psychological condition claim

    The Tribunal found that non-work stressors were primary causes of the onset or aggravation of his depressive disorder.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    No knowledge, no liability for employer in sexual assault case

    We discuss Polichronis v Teys Australia Food Solutions Pty Ltd [2016] QDC 225.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Scope of duty owed by employers and principals

    The scope is not to ensure safety at work in all cases, but to take reasonable care to avoid unnecessary risks of injury.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal finds headaches are not an injury

    In the absence of any physiological change, her chronic daily headache was not an injury for the purposes of the SRC Act.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    High Court confirms: Insurers of insolvent companies can be joined to proceedings

    Third party claimants may join insurers to proceedings against an insolvent company when indemnity has been declined.
    AustraliaInsurance
    HBA Legal
    HBA Legal

Showing 141–160 of 263 results

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