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Searching Content indexed under Employment and HR by Robert Tidbury ordered by Published Date Descending.
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1
Court reduces damages by 50% for non-work related condition
The judge considered the evidentiary burden to be discharged by the defendant in order for such a discount to be applied.
Australia
31 May 2017
2
Another win for retailers! Court finds supermarket not liable for injury
This case emphasises the importance of properly engaging and instructing an expert to prepare a comprehensive opinion.
Australia
29 Mar 2017
3
Insurer succeeds in recovering settlement proceeds from fraudulent claimant
This UK case was a most interesting decision on the effect of fraudulent misrepresentation in a personal injuries claim.
Australia
1 Mar 2017
4
An employer's duty of care does not extend to safeguarding the employee completely from all perils
The Court was satisfied with the level of training and instruction by the employer for such a "fairly routine task".
Australia
29 Dec 2016
5
Appeal dismissed because injured worker fails to establish causation
The injured worker must demonstrate that the alleged breach of duty by the employer actually caused the loss and damage.
Australia
14 Dec 2016
6
Injured worker's labour hire claim for a rear end collision dismissed
The case revisits principles of liability for motor vehicle accidents from rear end collisions, in an employment context.
Australia
7 Dec 2016
7
Bah! Humbug! An employer's guide to the silly season - 30 November 2016
For many employers Christmas and Christmas parties are fraught with risk.
Australia
4 Dec 2016
8
Australia
14 Aug 2016
9
Claim dismissed: Queensland Court of Appeal upholds 50% contributory negligence finding
The Appeal Court saw no reason to interfere with the Trial Judge findings, described as soundly based in the evidence.
Australia
27 Jun 2016
10
Employer found not liable for client assault on disability support worker at residential care facility
The Court found in favour of the employer in a carer's claim of assault from a client at a residential care facility.
Australia
3 May 2016
11
Injuries sustained post resignation found to have arisen - out of or in the course of employment
Whether a worker's injuries occurred "out of or in the course of their employment" depends on facts and circumstances.
Australia
4 Mar 2016
12
Welcome decision for employers as worker's late claim for damages is rejected - 27 January 2016
The Court dismissed the application for an extension of the limitation period in respect of a belated claim for damages.
Australia
28 Jan 2016
13
Worker's failure to follow instructions sees damages reduced by 50% for contributory negligence - 30 November 2015
We discuss the decision in Kennedy v Queensland Alumina Limited [2015] QSC 317.
Australia
6 Dec 2015
14
Australian Uber drivers may be without access to workers' compensation insurance – 16 November 2015
Uber's rapid rise has brought with it a range of legal arguments in countless international jurisdictions.
Australia
22 Nov 2015
15
Hindsight applied to asbestos claim, but risk must eventuate - 27 October 2015
The case addresses when the cause of action accrues in an asbestos claim, and the potential ramifications on industry.
Australia
30 Oct 2015
16
Car park assault: employer and occupier not liable for cleaner's injuries - 20 October 2015
The Court found in favour of the employer and the occupier, who were sued by a cleaner who was assaulted in the car park.
Australia
26 Oct 2015
17
Employer not liable for accidental stabbing - 17 September 2015
In the following alert, we discuss the recent decision of Umberto Polizzi v Hervey Bay Boat Club Inc (M1411/13).
Australia
20 Sep 2015
18
Parliamentary committee delivers report on proposed changes to Queensland Workers' Compensation Scheme - 9 September 2015
The committee considered the proposed Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2015.
Australia
13 Sep 2015
19
Out of or in the course of employment: Truck driver denied injury compensation - 26 August 2015
The truck driver was denied workers' compensation after injuring his back cleaning a work truck at home on the weekend.
Australia
8 Sep 2015
20
Worker injured at a party is unsuccessful in workers compensation claim against employer - 24 August 2015
Not every activity encouraged by an employer will result in the employee acting in the course of his or her employment.
Australia
31 Aug 2015
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