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Searching Content indexed under Employment Litigation/ Tribunals by Kott Gunning ordered by Published Date Descending.
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1
Be prepared, or be better prepared – costs of arbitration: Insight from Rodgers v Amcor Ltd [2018] WADC 134
The case involved an appeal from Workcover WA in relation to a costs order made directly against the worker's lawyers.
Australia
17 Dec 2018
2
What constitutes reasonable restriction when examining restraint clauses in employment contracts?
This case reinforces the WA court's approach to the enforcement of restraint clauses in contracts of employment.
Australia
6 Jul 2018
3
Workcover WA Arbitrator decision - Preference of one medical opinion over another
The Arbitrator was entitled to prefer one medical expert's interpretation of the scans over a contrary interpretation.
Australia
6 Jul 2018
4
When it comes to workers compensation, when is a travelling expense not a travelling expense? The battle of the clauses
The injured worker claimed travelling expenses, but the arbitrator decided that he was not entitled to those expenses.
Australia
5 Jul 2018
5
Interaction between section 60 and section 61 in the WA Workers Compensation Scheme - appeal to District Court and then to Court of Appeal, WA Supreme Court
Article discusses recent case concerning an employer who wished to discontinue or reduce weekly payments of compensation.
Australia
2 May 2018
6
Appeals from Workcover WA to District Court of WA – What is a question of law?
To appeal to the District Court, the threshold question for such an appeal is if the appeal involves a question of law.
Australia
1 Mar 2018
7
High Court to determine employer duties during workplace investigations
The outcome of this recent case could have a major impact on the way that employers conduct workplace investigations.
Australia
22 Dec 2017
8
The application by the defendant to dismiss the plaintiff due to an invalid election was considered by the District Court in WA
The defendant challenged the validity of the Director of WorkCover WA to record the plaintiff's election.
Australia
21 Dec 2017
9
The Workers Compensation and Injury Management Amendment Bill 2017 (WA) – what you need to know
Bill aims to increase entitlements for dependants of deceased workers and to simplify and expedite the claims process.
Australia
29 Nov 2017
10
WA workers compensation - connection between reasonable treatment and a compensable injury
Before considering reasonable treatment, establish that treatment is for a compensable injury, or a direct result of it.
Australia
3 Nov 2017
11
Full Federal Court unanimously upholds controversial Sunday penalty rates decision
Any hope that affected employees may avoid the impact of these penalty rate cuts, may only come via legislative change.
Australia
16 Oct 2017
12
Stress claim on appeal in WA District Court – Meaning of Discipline, Wholly or Predominantly and Unreasonable and Harsh
Mr Suleski alleged he was suffering stress and anxiety, which was caused by bullying and threats made by his management.
Australia
29 Sep 2017
13
Injury at work and again while being rehabilitated - compensable injury or not? Reasonableness of treatment
His appeal was allowed, and the worker was entitled to compensation for the proposed surgery for his second injury.
Australia
3 Apr 2017
14
District Court of WA jurisdiction – WorkCover appeal filed out of time?
Any parties should ensure that their application for leave to appeal is lodged within the time allowed under the Act.
Australia
5 May 2016
15
Speedy and fair conduct of Workcover WA proceedings
This was a workers compensation claim from an alleged psychiatric injury allegedly sustained in the course of employment.
Australia
11 Nov 2015
16
Industrial disputes and damages litigation in Western Australia
His Honour was not able to, or required to, make findings at that time on the question of compensation and jurisdiction.
Australia
4 Jun 2014
17
Workers’ compensation and the burden (of proof)
Employees in supervisory roles cannot exceed physical limitations and then claim employer negligence if they are injured.
Australia
27 Dec 2013
18
Section 61 Notices under the WA WCIMA – an updated guide based on two recent decisions
When is a worker deemed to have applied for an order of an Arbitrator?
Australia
24 Sep 2013
19
Bullying, Harassment and Psychiatric Injury
A recent case considered liability of an employer for an employee's psychiatric injury.
Australia
4 Jun 2013
20
Abreu decision - 3 year limitation period does apply to common law actions commenced pursuant to the Workers' Compensation and Injury Management Act 1981 (WA)
Workers should take relevant steps to avoid unduly prolonging the process of seeking an award of damages at common law.
Australia
3 Mar 2013
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