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HR Toolbox Blog

Recent decision of interest:. Interim anti-bullying orders to deal with picketing The Fair Work Commission has issued interim anti-bullying orders in a Melbourne Brewery dispute to stop five replacement workers from being approached or harassed by picketers. The picketers were protesting along the worksite’s entrance after more than 50 employees were made redundant following a contract changeover....

  1. Employment Law and Workplace Relations Blog

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HR Toolbox Blog

News and events:. Cashing out annual leave On 29 July 2016 the Fair Work Commission (FWC) updated 112 modern workplace awards to allow workers to choose to cash out some of their annual leave. The changes will allow workers to cash in 2 weeks of leave per 12-month period, and has sparked discussions about the impact on work-life balance. Click here to read more. Networking event – Perth Young Professionals Date: Wednesday 31 August Time: 5....

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Warning of material risks: Morocz v Marshman

Factual background The patient consulted the cardiothoracic surgeon about her palmar hyperhidrosis (PHH) and was provided with a brochure about the bilateral endoscopic thoracic sympathectomy which outlined the risks of the procedure. The surgeon also discussed the risks involved with the procedure during the consultation. Following surgery the patient complained of a number of health issues which did not subside overtime....

  1. Health Blog

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Doctor ordered to pay patient $10,000 compensation for privacy breach

The patient and the doctor had been acquainted through their common Islamic faith and their attendance at religious services. In 2011-2012 the patient had sought treatment from the doctor for ‘panic attacks’. In 2014-2015 the patient sent several emails to the doctor, relatives and friends after renouncing his Islamic faith. In reply to an e-mail, the doctor responded to the patient ...

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Tribunal rules professional misconduct for financial exploitation of vulnerable resident

The resident had been with the aged care organisation for many years. She had an acquired brain injury, an intellectual disability and difficulty speaking. Her finances were being managed by State Trustees. Some of the resident’s money was held by the aged care organisation in an account in her name. In October 2012, the registered nurse sent an e-mail request to the financial controller indicating ...

  1. Aged Care Blog

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Workplace Bullying in Healthcare Practices

It used to be the case that there was no national legislation prohibiting workplace bullying. This meant that a worker who wanted to pursue a bullying claim had to rely on general laws such as workers’ compensation laws, anti-discrimination laws and common law claims. This changed on 1 January 2014 when new workplace bullying laws were introduced as part of the Fair Work Act 2009 (Cth), making ...

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Medical negligence; failure of general practitioner to refer plaintiff for specialist treatment

Gulab Khan v Matthew Rathjen [2016] NSWDC 139 is a recent decision concerning a failure of a general practitioner to refer the plaintiff for specialist treatment after he sustained lacerations over his left hand when he grabbed a knife to avoid being stabbed during an armed robbery. The plaintiff consulted the general practitioner on two occasions in October 2011 and alleged that the general practitioner ...

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Australian Law Reform Commission releases Issues Paper into Elder Abuse

The Australian Law Reform Commission (ALRC) has released an Issues Paper for inquiry and report into Elder Abuse (found here: https://www.alrc.gov.au/publications/elder-abuse). The closing date for submissions to the Issues Paper is 18 August 2016. The inquiry will specifically consider best practice laws and legal frameworks, including the Aged Care framework. In Aged care, among the issues ...

  1. Aged Care Blog

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Employer liable for manager’s belittling conduct

In Eaton v TriCare (Country) Pty Ltd [2016] QCA 139 the Queensland Court of Appeal found that an aged care facility had breached its non-delegable duty by failing to take steps to minimise the risk of a former employee developing a psychiatric illness due to managerial pressure. A former employee of the nursing home claimed that she developed depression and anxiety as a result of her excessive workload and the conduct of her manager....

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Addendum to Parens Patriae Applications – Alive and Well

The Hospital advised that the outcome of the chemotherapy had been pleasing but further chemotherapy alone would not save Oshin’s life and that a high level dose of radiotherapy was required to give him the best chance at survival. On this occasion Oshin’s parents had obtained a report from Professor Kellie, a specialist paediatric oncologist in Sydney. The report discussed the likely ...

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Guidelines for registered medical practitioners who perform cosmetic medical and surgical procedures

Cosmetic medical and surgical procedures are defined as operations and other procedures that revise or change the appearance, colour, texture, structure or position of normal bodily features with the dominant purpose of achieving what the patient perceives to be a more desirable appearance or boosting the patient’s self-esteem.  The Guidelines come into effect on 1 October 2016.  Key ...

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Parens Patriae Applications - Alive and Well

In March 2016 the Family Court of WA ordered that a six year old boy with a brain tumour undergo chemotherapy treatment after his parents had refused treatment and indicated that they wanted to pursue alternative therapies. Last week, the Qld Supreme Court ordered that a 12 year old girl may lawfully undergo an abortion when it was considered that this form of medical intervention fell outside the types of procedures for which parental consent could be given....

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