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Searching Content indexed under Employment Litigation/ Tribunals by Carroll & O'Dea ordered by Published Date Descending.
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1
What is silicosis in relation to claims for workers compensation?
Silicosis, an incurable lung disease, is most common in people exposed to high levels of silica dust over a long period.
Australia
17 Oct 2019
2
Timely reminder for satisfying thresholds in Victorian WorkCover serious injury applications
Accurate and up-to-date instructions, as a claim progresses, will assist in guiding the plaintiff and managing the case.
Australia
11 Jul 2019
3
Journey claims and compensation — do not stop believin
Not all accident injuries on the journey to and from work need necessarily be brought as "journey injury claims".
Australia
6 Apr 2019
4
Section 151D applications to extend the limitation period in work injury damages claims — more difficult with time
It remains best practice to give notice of an intention to claim damages as early as possible, with clarity and detail.
Australia
12 Dec 2018
5
Vicarious liability litigation duties
This UK court was called upon to consider, but firmly rejected an argument that the employer owed a duty to an employee.
Australia
16 Nov 2018
6
Avopiling Pty Ltd v Bosevski; Avopiling Pty Ltd v The Workers Compensation Nominal Insurer
This case highlights issues in the preparation of pleadings and calculation of damages in personal injury litigation.
Australia
26 Oct 2018
7
Implied terms in contracts of employment – Good Faith, Reasonableness
An implied contractual term of "good faith and fair dealing" in an employment contract needs High Court interpretation.
Australia
18 May 2018
8
Workplace injury and attempting to return to work in New South Wales
There is no protection for injured workers with a partial work capacity but the employer can't provide suitable duties.
Australia
29 Dec 2016
9
Employers must be very careful before dismissing an employee for misconduct – and always communicate changes in policies and procedures!
This recent decision of the NSW IR Commission proves again that the employer must prove misconduct by the employee.
Australia
17 Oct 2016
10
The Fair Work Ombudsman – An Industrial Watchdog with Teeth
The WorkChoices legislation introduced by the Howard Government changed many aspects of Australian workplace law, and some of those changes have been retained by Labor.
Australia
16 Nov 2010
11
Discrimination: The Potential For Attack On Multiple Fronts
The potential for discrimination claims by employees against their employers is certainly not new; employees have for many years been able to bring such claims against their employers using federal and state anti-discrimination legislation, and unlawful termination protections.
Australia
20 Sep 2010
12
Can the New "Transfer of Business" Provisions Work For Employers??
Compared to the provisions in the now repealed "Work Choices" amendments to the Workplace Relations Act 1996, the Transfer of Business provisions contained in Part 2-8 of the Fair Work Act 2009 ("the Act") provide greater certainty and flexibility for employers in a time of rapid change in modes of employment.
Australia
27 Aug 2010
13
ALP Industrial Relations Policy - ´Junking´ Or Only ´Massaging´ Workchoices?
Now that there has been a change of Federal Government, attention needs to be given to what changes in industrial relations law are on the horizon Peter Punch and Mick Sheils give an outline and general commentary on the major changes proposed by the ALP during the election campaign.
Australia
24 Nov 2007
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