Australia: Employment Litigation/ Tribunals

When an employee requested to extend her parental leave, her employer refused on the basis that her team was already working over capacity and facing burnout risks. The Fair Work Commission examined whether psychosocial risks to remaining staff members could constitute reasonable business grounds for refusing the extension request, ultimately granting only a modest extension rather than the full period sought.

The New South Wales Court of Appeal has delivered a significant ruling on employer liability for medical devices not included on the Commonwealth Prostheses List. When an injured worker requires reasonably necessary treatment involving unlisted prostheses, does the absence from a regulatory list automatically relieve the employer of payment obligations, or does the fundamental statutory duty to cover necessary medical treatment prevail?

Cooper Grace Ward launches a new workers compensation podcast featuring real trial cases and expert legal analysis. The first episode examines a 2024 case involving a disputed workplace injury claim, exploring the complexities of credibility assessment, causation, and effective case preparation in workers compensation litigation.