A horrific accident in the Northern Territory has given rise to a charge against Woolworths Ltd, brought by the Work Health Authority (WHA), for a breach of section 32 of the Workplace Health and Safety Act (NT).
In Carter v Hastings River Greyhound Racing Club [2019] NSWSC 780, the Supreme Court of New South Wales delivered a verdict in favour of a local greyhound racing club. The claim was made by a volunteer who was hit by a mechanical lure travelling at over 60 kilometres per hour.
In Council of the City of Sydney v Bishop [2019] NSWCA, the New South Wales Court of Appeal overturned a $750,000 award in favour of a plaintiff in a footpath trip and fall case.
In Deans v Maryborough Christian Education Foundation Ltd [2019] QCA 73, the Court of Appeal has confirmed the trial judge’s decision that a school was not liable for a teacher’s slip on a grape.This win for the employer demonstrates that not every slip and fall at work results in a positive liability case.
Injured workers often apply out of time for review of insurers’ decisions in statutory workers’ compensation claims on the basis of ‘special circumstances’. But what really constitutes ‘special circumstances’? A recent Court of Appeal decision clarifies the position.
In December 2017, we published an article considering how courts in the United States and the United Kingdom had treated Uber drivers – that is, whether they were considered employees or independent contractors. Since then, the Fair Work Commission (FWC) has handed down a decision that suggests that Uber drivers, at least in Victoria, might actually be independent contractors.
Uber now operates around the world and has annual revenue of about US$6.5 billion (and a valuation of about US$80 billion), in no small part thanks to the hundreds of thousands of people it calls its ‘driver partners’. But are ‘driver partners’ employees or independent contractors?
In the recent case of Brisbane Youth Service Inc v Beven [2017] QCA 211, a majority of the Queensland Court of Appeal found that an employer was negligent in allowing a family support worker, Ms Beven, to provide support services to a client who then assaulted her, which resulted in Ms Beven suffering a psychological injury.
Justice Henry of the Queensland Supreme Court in Cairns has found that a course of managerial mistreatment, which commenced in early 2010 and spanned about a year, caused the Cape York District’s Director of Nursing to develop a psychiatric injury that led to the loss of her career.
After his claim was initially dismissed by the District Court, Mr Berhane was today successful in his appeal to the Court of Appeal.
That was the expensive lesson learned by Ms Whitley, whose claim was dismissed by the District Court earlier this month with costs. Cooper Grace Ward acted for WorkCover Queensland in the successful defence of the claim.
A recent decision of the Supreme Court of the Australian Capital Territory has provided guidance on the extent of an employer’s duty to employees performing ‘simple and commonplace’ tasks.