When is a safe system of work safe?
10 November 2021By Sagorika Platel (Associate) If there was but one paragraph in the judgement of Mourkakos v Cleandomain Pty Ltd [2021] VCC 1648 (Mourkakos) which packs a punch and sets the
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COVID-19 Mandatory Vaccination (Workers) Directions
8 October 2021By Timothy Agius (Lawyer) The Victorian Government has recently announced its intention to introduce mandatory vaccination requirements for all authorised providers and authorised workers who are not working from home.
Contractor v Employee Debate continues
7 October 2021By Sagorika Platel (Associate) We are at an exciting juncture in the contractor/employee debate with two significant decisions on cusp of being heard in the High Court. However, and until
The Do’s and Don’ts of COVID-19 Vaccination Policies
10 September 2021By Sagorika Platel (Associate) State and Federal Governments have made it quite clear that except for a select few sectors, such as childcare and residential aged care, it will not
Primacy of the contract of employment
20 August 2021By Sagorika Platel (Associate) On 4 August 2021, the High Court handed down its much anticipated decision in WorkPac Pty Ltd v Rossato [2021] HCA 23 about when a casual
WorkCover Industry Classifications
18 August 2021By Sagorika Platel (Associate) Unless you are self-insured, every employer in Victoria is subject to premiums associated with the statute based compulsory WorkCover Insurance Scheme. Every year, WorkSafe Victoria sets
Successive contracts and continuous employment
4 August 2021By Sagorika Platel (Associate) and Matthew Healy (Law Student) Michael Nasr v Mondelez Australia Pty Ltd [2021] FWC 2802 (1 July 2021) On 1 July 2021, Deputy President Young of
FRAUD DOES NOT PAY
5 May 2021By Sagorika Platel (Associate) and Marcus Di Blasio (Employment Lawyer) McLean v Workers’ Compensation Regulator [2021] QDC 22 On 24 February 2021, the District Court of Queensland dismissed an appeal
Fair Work Commission: time fraud/theft constitutes serious misconduct
27 August 2020By Luisa Gonzaga (Partner) and Caitlin Dagher (Law Student) On 16 July 2020, the Fair Work Commission (FWC) dismissed an application made by a cleaner employed by Melbourne Health (Applicant)
When is an injury truly connected to employment?
20 August 2020By Luisa Gonzaga (Partner) and Julia Kerry (Law Student) A Telstra Manager (Worker) who injured herself during a work trip has had her claim for compensation rejected on the basis
Recent Changes to Employers’ Duties under the Occupational Health and Safety Act 2004 (Vic)
3 August 2020Luisa Gonzaga (Partner) and Emma Bannister (Law Student) On 28 July 2020, the Occupational Health and Safety (COVID 19 Incident Notification) Regulations 2020 (VIC) (Regulations) came into effect. The enactment
Workforce Stand Down Laws under Fair Work Act 2009 (Cth)
24 July 2020This article provides a summary of a number of cases that deal with stand down, including entitlements during a stand down period. By Luisa Gonzaga (Partner) and Alexandra Gonos (Employer