Workcover stress claims can be extremely challenging to file and to litigate against. And they are getting tougher and tougher. There are many legal requirements that need to be satisfied in order to have a viable case. In order to submit a WorkCover claim for stress, it’s necessary for your legal team to demonstrate that you have suffered an ‘injury’ – at work – and within the meaning of the WorkCover legislation. This means you cannot typically claim for experiencing stress as an emotion, but rather, you are suffering from a clinical medical condition.
Sexual harassment victim Jemma Ewin won a record $500k payout – this case should serve as a wake-up call to employers that sexual harassment claims will be taken seriously by the courts, and that awards of compensation are on the rise.
As is evidenced on this blog alone, and despite being outlawed for over 25 years, sexual harassment remains a big problem in Australia. The following three sexual harassment cases illustrate that Courts (and Tribunals) are willing to award significant amounts of compensation to workers exposed to serious sexual harassment at work.
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!
The law firm, Harmers Workplace Lawyers, that was blasted by a Federal Court judge over its conduct in the Peter Slipper sexual harassment case has come in for more criticism over a claim that a client rejected a settlement offer nearly five times more generous than she ultimately received.
A Court clerk who was on workcover after a wrist injury, claims former magistrate Joseph Baldino sexually harassed her was offered a transfer away from his chambers but declined, a tribunal has heard. Her refusal to do so undermined her claim of abuse, and it is horrendous to read what they actually said about the clerk in Court… including that her ” real problem was being forced, by the Courts Administration Authority, to return to full-time duties before she felt ready”. We smell corruption and cover-up of the highest degree!