By 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)
By 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
Luisa 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
This 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
On 11 June 2020, the District Court of Queensland handed down the first industrial manslaughter conviction under the Work Health and Safety Act 2011 (QLD) (WHS Act). Brisbane Auto Recycling
On 4 June 2020, the Work Health and Safety Amendment (Review) Bill 2019 (NSW) (Bill) was passed which introduces changes to the Work Health and Safety Act 2011 (NSW) (WHS Act). The amendments include
The Full Federal Court decision has reaffirmed the test of when an employee is engaged other than a casual employee. The decision in WorkPac v Rossato will have a significant impact for
The Workers Compensation Independent Review Service (WCIRS) commenced operation on 30 April 2020. The establishment of the WCIRS by WorkSafe Victoria (WorkSafe) was in response to the recommendation made by the Victorian Ombudsman following a review of how complex claims are being managed and decided by WorkSafe’s appointed authorised agents (Agents).
The new Workplace Manslaughter Offences (Manslaughter Law) will soon commence in Victoria.
Under the Manslaughter Law companies and its officers may be guilty of workplace manslaughter if their ‘conduct’ causes a workplace death. The maximum penalty under the Manslaughter Law is $16.5mil for body corporate and 20 years imprisonment for a natural person.
Volunteers are excluded from the Manslaughter Law.
COVID-19 has dramatically changed the workplace landscape and its impact will continue to be felt for years to come. As Australian businesses try to cope with the effect of COVID-19, we provide you an update on the Government’s initiative to assist businesses to continue to operate and secure job loss.
Mental health issues are also on the rise and employers need to be equipped and have the tools to combat this
An employee who intentionally makes dishonest representations in their CV which leads to a breakdown in the employment relationship and a loss of trust, may cause the employer to dismiss the employee, depending on the seriousness of the misrepresentation.
Victoria’s new Dangerous Goods (Transport by Road and Rail) Regulations came into effect on 25 October 2018.