School ordered to make compensation payments after unreasonable teacher transfer

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A teacher was deemed wholly incapacitated for work after she was transferred to another high school in an unreasonable manner and required to teach a range of unfamiliar subjects. In G v The State of Tasmania (Department of Education) [2021] TASWRCT 24, the Tasmanian Workers Rehabilitation and Compensation Tribunal highlighted the importance for schools to… Read more »

The ATO is cracking down on undeclared foreign income being disguised as gifts or loans

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The ATO has recently issued taxpayer alert TA 2021/2, which relates to arrangements where an Australian tax resident’s foreign income is disguised as gifts or loans from related offshore entities. Taxpayers who have entered into these arrangements should expect an ATO review or audit. What are the ‘arrangements’ the ATO is concerned about? Australian tax… Read more »

New director resignation laws preventing illegal phoenixing have commenced

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Director resignations are no longer effective if ASIC is not properly notified of the resignation within 28 days or if the resignation would leave the company with no directors. The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) was passed to amend the Corporations Act 2001 (Cth) and assist regulators and liquidators to combat… Read more »

Confirmed by Court of Appeal – no negligence in welfare management of emergency services worker on night of catastrophic fire

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In Giles v State of Queensland [2021] QCA 206, the Queensland Court of Appeal confirmed the District Court’s decision that the State was not negligent in its management and welfare checking of an injured worker during his attendance at a catastrophic fire. Facts The appellant, Peter Giles, had been employed as a firefighter with the… Read more »

Court confirms that employees refusing to perform work that may expose them to serious health and safety risks are protected

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The recent Federal Circuit Court decision of McNamara v Era Pacific Pty Ltd [2021] FCCA 1689, involved an employee who was dismissed after refusing a task that he believed would expose him to a serious health and safety risk. The employee alleged that adverse action had been taken against him because he exercised a workplace… Read more »

Employee awarded nearly $1.5 million in compensation for vibrating finger injury caused by employer’s negligence

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Introduction In Tyndall v Kestrel Coal Pty Ltd (No 3) [2021] QSC 119, Mr Tyndall claimed that he developed white finger syndrome during the course of his employment, which was caused by the significant vibrations he experienced while driving a loader. After hearing considerable medical evidence, the Court awarded Mr Tyndall almost $1.5 million in… Read more »

‘Your feelings are your problem’ – a lesson for employers about how not to treat employees

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An employee of a luxury jewellery and watch retailer who was repeatedly bullied, intimidated and victimised by her team leader, has successfully obtained a stop bullying order. Introduction In Qu v Monards Gold Coast Pty Ltd; Tak Wing Wong [2021] FWC 4507, an employee successfully obtained a stop bullying order despite being fairly criticised at… Read more »

Qualifications not a ‘maximum’ – elite swimming coach covered by award despite superior qualifications

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In a decision highlighting the complicated task of determining award coverage, the Full Court of the Federal Court has allowed a former senior swimming coach to pursue his six-year underpayment claim after a Court rejected that his superior qualifications excluded him from award coverage. The issues – did Mr King’s qualifications make him ‘too senior’… Read more »