Case studies
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Showing 97-108 of 130 results with 1 filter
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A question of requirement
Drummond v Gunne Constructions [2013] QDC 043, 22/03/2013. While there was no dispute that the injury event occurred, this trial was about whether the employer knew and required the worker to perform this task.
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Third parties to provide insurance
Hodge v CSR Limited, 2 February 2010. Third parties may have to provide insurance for employees when it can be shown the injury was caused by a change to the system of work that could not be detected on inspection of the premises prior to injury by the employer.
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Conflicting versions of events
Arnold v Tilecorp Pty Ltd [2012] QSC 321, 25 October 2012. This case was determined according to issues of credit, with His Honour preferring the employer’s evidence over that of the worker’s as to the system of work he was undertaking at the time. The matter proceeded in relation to both liability and quantum.
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Chronic pre-existing injuries and their effect on damages
Phillips v MCG Group Pty Ltd, 8 June 2012. A worker suffered from a debilitating pre-existing injury but managed a spasmodic but relatively unrestricted working life. When the worker suffered a further workplace injury that rendered him incapable of further employment, the question posed to the court was as to how much of his future economic loss could be attributed to the employer.
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Evidence does not support damages claim
Lewis v Greenmountain Food Processing Pty Ltd 6 June 2014 A Brisbane judge rules against labourer’s claims for damages for personal injuries suffered in the course of his employment at a meat processing plant due to conflicting evidence.
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Clarity for employers on social work functions
ALH v Simon Blackwood (the Regulator) [2014] QIRC 105 13 June 2014 The recent decision from the Queensland Industrial Relations Commission provides further clarity for employers in determining applications for compensation for injuries sustained at social work functions.
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Employer not liable for worker failing to keep look out
Pershouse v Sirius Observatories Australia [2013] QDC, 9 May 2013. The Court was satisfied that there was no duty upon the employer to protect the worker from a risk that would have been reasonably foreseen by the worker.
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Judgement of breach of duty of care overturned on appeal
Larkin v Suncorp Staff Pty Ltd [2013] QDC 028 Samios DCJ. A judgement ruling an employer breached its of duty of care was overturned on Appeal when it was noted that there was a low probability that an accident would occur and the resulting injuries would be minimal.
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General induction not enough
Brunker v Consolidated Meat Group, 29 August 2010. This case study is about a slicer employed at a Rockhampton meatworks that demonstrates employers must give task specific instructions and directions and must provide more than a 'general induction'.