The assessment of damages is largely a mathematical process. However, variables specific to individual plaintiffs must be factored in. These variables include matters such as the age of the plaintiff at the time of injury and how long they may be expected to live....
In AB v CD [2024] WASAT 6, the co-ordinating practitioner refused access on the basis that the Applicant was not ordinarily a resident in Western Australia (WA) as per section 16(1)(b)(ii) of the VAD Act. The SAT examined the wording of the section and formed the view...
Background Mr Dunne was first registered as a psychologist in 1992. In June 2015, a notification was made to the Health Ombudsman following an audit of Mr Dunne’s client files and an investigation of the matters raised in the notification was undertaken. Following the...
Background A class action was commenced by the Australian Salaried Medical Officer’s Federation (ASMOF) on behalf of its group members, and Dr Gaby Bolton on her own behalf, against Peninsula Health, the major metropolitan health service for Frankston and the...
Changes to employee authorised deductions From 30 December 2023, employees will be able to authorise salary deductions made by their employer that are recurring, or for amounts that vary from time to time. This means that employees will be able to make a single...
Background of decision The respondent, Evolution Support Services (ESS) is a NDIS service provider. ESS terminated the applicant, Mark Hutton, after approximately three years of employment with ESS in December 2022 after an investigation by ESS found that Mr Hutton...
Zombie agreements ‘Zombie agreements’ are collective agreements that were made before the Fair Work Act 2009 (Cth) commenced, and continue to operate because the agreements have not been terminated or replaced by another agreement. Due to the operation of the Fair...
Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51 This case concerned 85 employees from OS MCAP Pty Ltd (the Employer) who worked a standard 12.5-hour shift at the Daunia Mine in Queensland on Christmas Day and Boxing Day in...
The facts The respondent, Mr Rubino, suffered pain from a hyperkeratosis, more commonly known as a corn, on the sole of his right foot, which interfered with his ability to work. Mr Rubino attended approximately 19 consultations with Dr Ziaee, a general practitioner...
Read our initial article on the new NES entitlement here Non-small business employees can access paid FDVL now Employees of businesses with 15 or more employees can now access 10 days of paid FDVL in a 12-month period under the Fair Work Act 2009. Employees of small...