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Due Diligence Failure Sees Director Convicted After Wall Collapse

When a brick wall fell on a young man at a building site, impaling him on a large metal screw piling, his employer’s sole director found himself in the firing line. Read the court’s view of the site’s poor safety record.

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Builder’s negligence to blame for falling gyprock and worker’s injuries

When a stack of gyprock fell on a carpenter, a court found his lifelong disabilities were caused by the employer’s negligence in storing gyprock sheets vertically, and awarded the carpenter $650K in damages.

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No system for dealing with complaints – CFO wins stop-bullying order

The Fair Work Commission has ordered an employer to get up to speed with a comprehensive anti-bullying policy and procedure and make sure it’s complied with, as well as ordering a manager to behave in a civil manner.

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Hr’s Role To “minimise Unfairness” In Redundancies...but Not For One Of Its Own

Despite having operational reasons for redundancy, the employer failed to consider redeployment options and did not consult the employee adequately, rendering the redundancy unjust.

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Employer can’t “revive” a resignation after parties have agreed to continue employment

An employer's attempt to "accept" an employee's earlier resignation backfired when the Fair Work Commission ruled it as a dismissal. Learn why once a resignation is withdrawn, it can't be revived without mutual agreement, and how employers can protect themselves in similar situations.

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Supreme Court decides who bears onus of proof in work stress case

Who bears the burden of proof when an employer argues that a worker is not entitled to compensation for a stress disorder because his condition arose from reasonable management action? Read the court’s reasons for its ruling.

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Refusal to sign less favourable employment contract resulted in unfair dismissal

A Business Development Manager refused to sign a new contract with less favourable terms and was dismissed. The Fair Work Commission found that the dismissal was unfair, awarding him $42,552 in compensation.

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Pilbara Iron loses negligence case – $1.1 million damages payout

Was a mining company vicariously liable for injuries caused by an employee’s breach of his duty of care, and was it entitled to indemnity from a labour hire company’s insurer? Check out the court’s reasoning.

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Grocer commits to massive chemical safety overhaul to avoid court

A grill fire in a café’s kitchen sparked eight safety charges and over $500K worth of safety improvements after a worker was seriously burned. Read about the safety upgrades in the employer’s enforceable undertaking.

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Can you be a 'regular' casual with 'irregular' hours?

Determining if someone is a 'regular casual' can be tricky. This case interprets the meaning of 'regular and systematic' casual employment.