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CBA set to appeal Barclay decision
In our article on 12 September 2012, we outlined the Federal Court decision of Barker v Commonwealth Bank of Australia (CBA) (read the related article here). The decision gave further recognition of the existence of an implied term of trust of confidence in contracts of employment in Australia. The decision further confirmed that damages may be awarded as a result of an employer breaching the implied term of trust and confidence. The CBA has filed and served an appeal in this matter against the orders made by the Federal Court based on the grounds that the Court erred in finding: there was an implied term of mutual trust and confidence in employments contracts; there was a serious breach of the redeployment policy giving rise to a breach of the implied term of trust and confidence; and the respondent was entitled to damages. It is expected that the for the appeal is expected early next year and we will continue to keep you appraised in re...
13 December 2012WorkCover Guidelines for Claiming Compensation Benefits
As part of the recent amendments to workers compensation in New South Wales by the Workers Compensation Legislation Amendment Act 2012, the NSW Government and WorkCover have recently released the WorkCover Guidelines for Claiming Compensation Benefits (the Guidelines). The Guidelines set out the procedures for: notification of injuries and making provisional liability payments; handling claims for weekly payments and medical expenses; exemptions from prior approval for medical and hospital treatments; disputing all or part of a compensation claim; reducing or terminating weekly payments; dealing with lump sum compensation claims; and dealing with work injury claims. The Guidelines specifically deal with the following new provisions of the workers compensation legislation: permanent impairment lump sum compensation and damages for nervous shock; weekly payment provisions for seriously injured workers and claims made...
13 December 2012Disabled for Work - but not as Contestant for Television Show
The following matter provides a salient reminder to employers for the need to carefully consider and review all the evidence and circumstances available, before making a decision to terminate an employee who is unable to attend work due an illness or incapacity. Background Mr Marshall was engaged by the Bureau of Meteorology (the Bureau) as a weather observer. In early April 2011, Mr Marshall was certified unfit for work due to suffering from an adjustment disorder, traumatic stress symptoms and anxiety, and commenced personal leave whilst in Ballarat, Victoria. In early July 2011, the Bureau directed Mr Marshall to resume administrative work in Brisbane as there was no field work available in Victoria. Mr Marshall's general practitioner certified him fit for modified duties undertaking field work but located closer to his home in Victoria or in a neighbouring state within Australia. Mr Marshall's general practitioner was of the view that h...
26 November 2012