The Full Bench of the Fair Work Commission (FWCFB) has recently reaffirmed the primacy of contractual terms when determining the employment status of a gig worker. However, this position is unlikely to subsist due to the Labor Government’s proposed legislative amendments tackling secure jobs and the gig economy.
Cooper Grace Ward has again been named as a First Tier insurance law firm by Doyle’s Guide. Partners Tony Park and Brady Cockburn were also ranked in the list of Leading Queensland Workers Compensation & WorkCover Lawyers by Doyle’s Guide for 2022.
The Supreme Court of Queensland has clarified how the workers’ compensation state of connection test operates. This potentially has significant ramifications for employers and insurers where employees are working across multiple states or territories.
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.
What is ‘reasonable management action’ and how does it work in practice?
In Bona v Jeffries & Allianz Australia Insurance Limited [2021] QSC 84, the defendant insurer failed, on the basis of unreasonable delay, in its application to the Brisbane Supreme Court for an order that the plaintiff submit to an assessment by an occupational therapist over 12 months after the holding of the compulsory conference.
The Court of Appeal has increased the damages awarded to a truck driver who sustained a lower back injury at work to $967,000, highlighting that courts will be cautious in applying discounts to account for pre-existing medical conditions.
On 31 August 2020, Mr McLean pleaded guilty in the Brisbane Magistrates Court to 10 charges of dishonesty in relation to a claim for compensation made under the Workers’ Compensation and Rehabilitation Act 2003. On 19 November 2020, Mr McLean received a prison sentence for the offences.
In Giles v State of Queensland [2020] QDC 332, the District Court of Queensland dismissed an injured worker’s claim on the basis the State was not negligent in its management and welfare checking during his attendance at a catastrophic fire.
In Walker v Greenmountain Food Processing Pty Ltd [2020] QSC 329, the Supreme Court of Queensland found in favour of an injured worker who climbed onto a roof to inspect a boiler failure, at nightfall after drinking alcohol. He was awarded over $960,000 and his damages were not reduced for contributory negligence.
Allegations that an employer failed to undertake a risk assessment and prepare a documented system of work are a feature of most common law work claims.
The duty owed by retailers and shopping centre operators to prevent slips and falls is a very high one. However, the recent decision of Carnemolla demonstrates that where a defendant has a good defence supported by a detailed incident report they can still win.