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  • Article

    Apportionment of liability: The duty owed by a private hospital

    The Court recently delivered judgment in a cross-claim for contribution made by a surgeon against a private hospital.
    AustraliaLitigation, Mediation & Arbitration
    DWF (Australia)
    DWF (Australia)
  • Article

    Planning Law in Queensland: Substantially different development - when changing applications and approvals

    This statutory guideline 06/09 provides guidance to applicants on what constitutes a substantially different development.
    AustraliaReal Estate and Construction
    DWF (Australia)
    DWF (Australia)
  • Article

    The importance of shareholder agreements to a business

    A shareholders agreement provides documentation of principles agreed on by the shareholders and owners of a business.
    AustraliaCorporate/Commercial Law
    DWF (Australia)
    DWF (Australia)
  • Article

    Back to basics – assaults in the workplace and the importance of having a reliable witness - Australian legal update

    Article explores recent case about assault in the workplace & highlights the importance of having a reliable witness at trial.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Employer found liable for co-worker's assault on employee at tavern

    An assault at an on-site tavern in a worker's two week shift arose out of, or in the course of the employee's employment.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Employer response to a worker request to not work on Saturdays for religious reasons passes reasonable management action test

    An employer who offered a five-day week role with less remuneration had responded reasonably to the employee's request.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Labour hire agreement justified termination of employment

    The labour hire employer was in fact fulfilling a contractual obligation to remove the employee from the worksite.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Outer-limit contracts no longer a sure thing

    Drafters of outer-limit contracts should refer to the principles discussed in this case when drafting these contracts.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Worker unfairly dismissed after leaving work due to panic attack

    The FWC found that the employee was unfairly dismissed, when the employer misinterpreted the exit as an intent to resign.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Risk of negligent treatment of prisoners if PBS drugs unavailable: Australian Legal Update

    The level of care available to the patient may have been less than that regarded as adequate for patients not in custody.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    DWF (Australia)
    DWF (Australia)
  • Article

    Procedural fairness in workplace investigations

    This decision emphasises the requirement that the staff member must be afforded natural justice and procedural fairness.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Reasonable adjustments must be considered

    Employers must enquire whether the injured employee could perform the job if reasonable adjustments were made.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    System to recognise and manage a deteriorating patient

    An earlier recognition of deterioration and transfer for appropriate care could have improved his chances of survival.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    DWF (Australia)
    DWF (Australia)
  • Article

    Building Industry Fairness Act – What can we do? Australian Legal Update

    Contracts and subcontracts need to be reviewed and amended where necessary to provide for the implementation of the act.
    AustraliaReal Estate and Construction
    DWF (Australia)
    DWF (Australia)
  • Article

    Case Note: Cudal Lime Products Pty Ltd first to be convicted for Category 1 offence for work health and safety

    The first Category 1 conviction has been finalised since the introduction of the model Work Health and Safety Act.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Personal injuries - Employer win in the Cairns District Court – Clayton v Jetcrete Oz Pty Ltd [2017] QDC 003

    The Plaintiff (worker) failed to establish that the incident occurred and that the employer breached its duty of care.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Psychiatric injuries not foreseeable to an employer unless specific notice given

    The case affirms that a duty to take reasonable care does not apply in relation to a workplace investigation of a worker.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Uber, the gig economy and legislative change

    The lack of a "work–wages bargain" with respect to the Uber operations, meant that this Uber driver was not an employee.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Procedural fairness in investigations

    The court required that a staff member, if subject of an investigation, be given natural justice and procedural fairness.
    AustraliaLitigation, Mediation & Arbitration
    DWF (Australia)
    DWF (Australia)
  • Article

    Misconduct unaffected by medical condition

    Employees with psychological impairments are not protected from termination because of performance or misconduct issues.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)

Showing 61–80 of 107 results

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