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  • Article

    No compo for missing out: injury from failure to obtain promotion not compensable due to reasonable administrative action

    A worker applied for promotion, did not succeed, and claimed psychological injury caused by the selection process.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Physiotherapy and massage considered to be treats, not treatment – a win for proponents of the limitations of physiotherapy and related treatment

    Ongoing physiotherapy was not reasonable medical treatment and his low back condition no longer caused work incapacity.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Psychological condition arising out of adverse determination not compensable

    The psychological condition did not arise from her employment, nor was it significantly contributed to by her employment.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tell them who is boss (but do it the right way): Tribunal finds Administrative Actions not reasonable

    The informal meeting did not constitute reasonable administrative action, nor was it carried out in a reasonable manner.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal concludes that Telstra did not cause heart attack

    Employee claimed worker's compensation following a heart attack that he suffered whilst waiting for a bus.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Jacqueline Lee Freestone v Murrumbidgee Local Health District [2016] NSWDC 53: Reporting on Incidental Findings

    The case raises interesting factual issues regarding radiologists' practice, including reporting on incidental findings.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    HBA Legal
    HBA Legal
  • Article

    Section 42 Civil Liability Act: Crikey – kangaroo chaos! Was the risk of colliding with a roo obvious and should the Council have paid big bucks to erect a roo proof airport fence?

    Summary of case where s42 Civil Liability Act NSW was successfully relied upon by a public authority.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    WFH (Working-From-Home) set up significantly contributes to right shoulder injury

    A prolonged aggravation of symptoms in an unergonomic working-from-home set up can amount to a compensable injury.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Guide to the European Union General Data Protection Regulation (the GDPR)

    The GDPR is focused on activities in the EU, but it is drafted very broadly and can impact organisations in Australia.
    AustraliaPrivacy
    HBA Legal
    HBA Legal
  • Article

    Better come with a good excuse: Postman's application for extension of time in the Administrative Appeals Tribunal rejected

    This decision is a reminder of the evidentiary standard borne by the applicant for an extension of time before the AAT.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    No workers compensation for Adelaide NDIA employee who made a willful and false representation

    The case shows the importance of implementing comprehensive pre-employment health declarations in the recruitment process.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    SBS not liable for stress claim by hairdresser

    Due consultation and communication with the applicant over a period of time, meant the process was conducted reasonably.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal applies Prain and finds that decade-long depression is not permanent

    For a psychological ailment, the injury needs to continue to be contributed to, a significant degree by the employment.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Changes and impacts of new Australian whistleblowing legislation

    This new bill introduces a specific whistleblower protection regime for people who expose misconduct in tax affairs.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    High Court examines the meaning of "as a result of" in relation to reasonable administrative action under the SRC Act

    This decision provides clarity in respect of how the phrase "as a result of" should be interpreted by decision makers.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Should Comcare foot the bill for hydrotherapy treatment in France?

    The Tribunal undertakes a cost/benefit analysis of medical treatment to decide if it is reasonable in the circumstances.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal finds significant relationship between lateral epicondylitis and computer use

    Employers must have strong evidence to refute any causative link between lateral epicondylitis and repetitive activities.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    What can we learn from the NZ Workers Compensation Scheme regarding hernia claims?

    NZ ACC developed guidelines to provide certainty to doctors when considering hernia claims that arise in the workplace.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Federal Court: no general responsibility on employers to rehabilitate injured workers

    In recent case FC finds there is that employers are not obliged to rehabilitate injured employees
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    It is a tie – the worker gets surgery, but the employer wins the right to stop paying workers compensation

    The Tribunal found in favour of the employer for compensation, but in favour of the worker for the second operation.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal

Showing 201–220 of 263 results

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