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Does a secret recording of a discussion with your boss offer you any protection in termination or bullying cases?

We refer back to our two popular Secret Recordings articles “Is it lawful to secretly record a conversation on a smart phone at work? ” and ” Is making a secret recording of a conversation in the workplace against the law?” and took the opportunity to dig a little deeper into this complex topic.

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Are you being sexually harassed at work? Take action!

There is significant confusion among people about the type of behaviour that constitutes sexual harassment. Despite being outlawed for over 25 years, sexual harassment remains a problem in Australia, many sexually harassed/abused people, particularly women, are still reluctant to take action!

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It’s not acceptable to treat injured workers as faulty parts that can be replaced

It’s the phone call (or the letter) that any injured worker dreads and it states something like this:

“We hoped (yeah, right!) you would recover enough from your injury to go back to your (pre-injury or old) job, but, eh look, you’ve been away on extended of leave without pay for over 2  months now.”

“You’ have no more sick leave and have also exhausted your annual leave.”

“We can’t keep you,  We can’t keep your job open forever, I’m sorry (yeah right!)  but we’re going to have to let you go and replace you. Surely you understand that?”

It happens all the time! And many injured workers are pressured into accepting this situation ; others are (falsely) led to believe that their employer is within their rights to, well yes, replace them.

Guess what? It’s not on and it is illegal to terminate an injured or ill worker who is on temporary leave to recover.

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Common law claims for psychological injury – injured workers often fail to establish breach of duty of care

We recently received several emails from injured workers suffering from primary, moderate to severe psychiatric injuries asking us whether they would be eligible to lodge a common law damages claim.

Injured workers in some jurisdictions (states) have the ability to sue their employers if they have been negligent.

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When can a matter be struck out in the NSW Workers Compensation Commission?

Due to an increasing number of matters not being ready to proceed in the NSW Workers Compensation Commission (WCC)  at the teleconference stage, the NSW Workers Compensation Commission (WCC) issued an E-bulletin in November 2013 as to how a matter is to proceed when it is unprepared at a teleconference.

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Medical Panel to only assess injuries subject of the Certificate of Assessment of Degree of Impairment

In September 2013, the Victorian Supreme Court determined that the Convenor of Medical Panels (in Victoria) cannot convene a Medical Panel to assess a psychiatric injury on the basis of a bare allegation in a statement of claim of a psychological reaction to a physical injury in circumstances where the injured worker (or his/her lawyer) has only served a certificate of assessment relating to a physical injury. So, in other words: no assessment will be undertaken without a Certificate.

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Injured workers entitled to claim for the totality of their injuries – Victorian Court of Appeal

We refer back to our previous post “Workcover compensations cases from the courts “, legal case 10: G v Silaforts Painting Pty Ltd & Ors [2012] VSCA 179 (8 August 2012)  which merits full coverage. In this Victorian case, the Supreme Court of Victoria, Court of Appeal (the VCA) has ruled that injured workers bringing a common law damages claim under s 134AB of the Accident Compensation Act 1985 (the AC Act) are entitled to claim for the totality of their injuries and not solely for specific injuries deemed “serious” in their own right.

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