Further to injured worker “Will”‘s story, alleging that his employer and his workcover insurer falsely claimed he had resigned from his employment, we undertook a little more research into resigning, and learned that resigning “in the heat of the moment” is not (always) deemed a “resignation”. Industrial tribunals have found that “words said in the [...]
Tag Archives | employment
Injured workers and termination
Injured worker – Sacking There is Commonwealth and state legislation that prohibits the dismissal or victimisation of an employee by an employer in the workplace when the employee is absent from work due to personal illness or injury, including a period of absence on workers compensation. Protection from dismissal when an employee is absent on [...]
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Employment issues
Injured worker on workers compensation (workcover) also face other important employment-related issues, such as time-off on workers compensation affect accruing for annual and/or long service leave; rehabilitation and termination (sacking) issues; public holidays; long service leave; superannuation, and; rostered days off. In this section, and by popular demand, we attempt to summarise those employment related [...]
Employers incl RTW Coordinators are not allowed to attend doctors appointments
aworkcovervictimsdiary received a shocking email from an injured worker last night, whose employer (a large public hospital) insisted that the injured worker’s “return to work coordinator” be allowed to attend the injured worker’s medical appointment with his specialist orthopedic surgeon, in order “to clarify” the injured worker’s “current fitness for work” status with the surgeon! [...]
Tackling bias towards people with disability
December 3 2012, Minister for Employment and Workplace Relations Bill Shorten launched a public consultation on proposals to boost employment participation for people with disability. The fight for equal opportunity for people with disabilities in finding suitable work could easily commence in South Australia through the WorkCover system. Where many of those on WorkCover are [...]
Harsh, unjust or unreasonable and unfair dismissals
Harsh, unjust or unreasonable and unfair dismissals When a employer terminates an employee there are strict guidelines that must be adhered. Any old excuse to” get rid ” of an employee is not acceptable by law. This also includes any employee who has suffered a workplace injury and is now doing modified work. Finding the [...]
Injured workers who can do some but not all inherent job requirements can be sacked
Did you know that the Australian Industrial Relations Commission has ruled Injured Workers who can perform some but not all of their inherent job requirements after an injury can have their employment validly terminated. Injured workers who can do some but not all inherent job requirements can be sacked A legal case (2008) heard at [...]
NSW Court overturns liability for injury sustained at party
The New South Wales Court of Appeal has overturned a decision by the Workers Compensation Commission which found photography studio Pioneer Studios liable for an injury an employee sustained at a party at its premises. We can understand this, however, what we can not understand is that the famous case of the employee who sustained [...]
Injured person considered an employee, and therefore a ‘worker’ or independent contractor?
In a recent legal case, the Victorian Supreme Court of Appeal has sought to further clarify the relevant factors to be examined in determining whether an injured person is to be considered an employee, and therefore a ‘worker’ for the purposes of the Accident Compensation Act 1985 (‘the Act’). Who is eligible for workcover in [...]
Employer fined for sacking sick employee
Recently, an employer whose two directors impulsively dismissed a manager for taking one week sick leave, with a medical certificate, has been ordered to pay more than $115,000 in fines, compensation and costs. Two days into her sick leave, the manager was sacked. The letter of termination stated that she had failed to keep the [...]
FW Ombudsman: employers have no right to attend employee medical visits
27th September 2012 Only recently this issue was addressed by this blog. http://aworkcovervictimsdiary.com/2012/09/bosses-are-intruding-on-workcover-doctors-visits/ At this stage, unions were becoming concerned with employers demanding they attend medical appointments with injured employees and participating in discussions with employers concerning employees conditions. The answer is now final. These employers invasion of injured employees privacy has now been published. [...]
Unreasonable job plan email claim dismissed – WTF
In a recent legal workers compensation (Comcare) case, an ABC employee was been denied workers’ compensation, after the AAT found her new (delayed) work plan, and her employer’s decision to email it to her, were “reasonable” notwithstanding that the worker felt that the job plan was beyond her capabilities, had not been discussed with her [...]
Injured workers or injury prone workers are weeded out by companies
A LAW firm representing workers says companies are increasingly using medical testing to weed out injured, injury-prone and unproductive employees. Is it a wonder that sacked injured workers cannot find new employment? Injured workers or injury prone workers are weeded out by companies Companies weed out injury prone September 27, 2012 Georgia Wilkins Maurice Blackburn [...]
Bosses are intruding on workcover doctor’s visits
BOSSES are increasingly attending doctor appointments with sick employees – and in some cases trying to alter their medical certificates to get them back to work sooner, unions say. Bosses are intruding on workcover doctor’s visits The trend, observed by the ACTU, raises unions’ fears that the privacy of ill workers is being eroded. ACTU [...]
Fair Work confirms injury absence counts as service
Further to yesterday’s article Employers fume as injured worker wins unfair dismissal case, we managed to digg up the case involved -WorkPac Pty Ltd v M Bambach [2012] FWAFB 3206 (31 May 2012) – which clarifies the meaning of “continuous service”. Fair Work Australia full bench has confirmed that a worker who was employed for [...]
Employers fume as injured worker wins unfair dismissal case
Injured employees receiving workers’ compensation will find it easier to claim unfair dismissal, based on a decision in an appeals case brought forward by a major labour hire business. Absences on workers’ compensation may count towards an employee’s period of continuous service. Summary of the unfair dismissal case An employee suffered a work related injury [...]
Supported by Erin Brockovich
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Dan: I've had a hip injury sustained by manually loadi...
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carefactor0: Thanks Pugsley, I am glad I have finely found a pl...
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John McPhilbin: These rulings and legal speak can be confusing - i...
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At A Loss: Hi Workcover Victim, Unsure if this story has e...
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Carol: Karma will get them or their loved ones in the end...
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Angela Morgan: Injured Workers pay their lawyers so much money, u...
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HuntingWorkcover: Something others may want to follow: A DISABL...
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WorkcoverVictim: Proposed amendment to Fair Work Act to provide “...
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workcovervictim3: Employers, return to work coordinators and any one...
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Madame Zena: @HuntingWorkcover & @At a Loss - I agree. I ha...
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NC: Hi Thank you for your reply. I'm not sure how it ...
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NSW injured workers can still make a further claim for impairment for that same injury – new legal case
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NSW Court rules workcover amendments affecting lumpsums do not apply retrospectively
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WorkCover NSW average premiums cut by 7.5 per cent
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Workcover case managers listen to background noise when phoning injured workers – WTF
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Faulty assumptions only adds insult to injured workers
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Government plan to make Comcare best practice model
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Deed of release often used in settling workcover cases- what are they?
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Barry’s reform adds insult to the injured
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Vic Premier Naphtine called building workers safety march a disgrace
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Assault on injured workers – more evidence and concern S.I.A
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Employers incl RTW Coordinators are not allowed to attend doctors appointments
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Workcover compensation schemes impede recovery from injury
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Recoveries of money under workcover
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International Day of Mourning: remembering those injured workers who have died
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Judge criticises law firm about rejection of more generous settlement offer
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Reckless injured worker’s common law damages reduced by 70%
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Report condems “untouchable” police officers amid bullying claims
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Vexatious “injured” worker blocked by the courts – again
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The huge cost of workplace stress and depression
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NSW injured workers can still make a further claim for impairment for that same injury – new legal case
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What has the attack on NSW’s Workers Compensation laws meant for you?
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When can weekly payments in Victoria be terminated
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How are damages calculated
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How to spot chronic workplace bullies
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Common law damages claim and duty of care of the employer
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Federal Court ruled AAT required to explain why it preferred the IME’s evidence
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Medical Panels must provide clear reasons – Supreme Court Vic
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Workcover Certificates: Doctors must ensure they’re carefully worded
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Injured worker denied recommended back surgery and at wit’s end
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Change WorkCover. Give injured workers a fair go – Petition
Forum for injured workers
Social Club Victorian Injured workers – SIC
**Next meeting April 2013**
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