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A question of credibility
Hannah v Barellan Bobcat Hire Pty Ltd, 24 August 2011. Liability will be determined on the facts that are accepted by the Court, and the credibility of the parties is critical in making this determination.
1 July 2015 -
Employer not liable for co-worker assault
Serra v Couran Cove Management P/L, 30 May 2012. This case demonstrates that an employer will not necessarily be liable for a worker’s injuries as a result of a criminal assault by a co-worker.
1 July 2015 -
Judge to decide what is matter of fact
Timothy James Klein v SBD Services Pty Ltd [2013] QSC 134, 30 May 2013. This case demonstrates the importance of record keeping and accurate reporting of injuries. If documentation is lacking, it will ultimately fall to the Judge to decide on a matter of fact.
1 July 2015 -
Bullying allegations unproven against employer
Judge Barlow found that there were two occasions where a Plaintiff might be said to have been bullied by other staff but that the Plaintiff ultimately failed in her claim against the Defendants.
16 October 2020 -
Importance of proactively progressing claim
The plaintiff was injured on 23 May 2011 while undertaking a task during the course of his employment. The plaintiff issued court proceedings in February 2013. Liability was not in dispute but the nature of the injuries sustained and the amount of damages claimed was in dispute.
2 December 2019 -
Worker's fall did not cause consequential symptoms
Beardmore v Crown Equipment Pty Ltd [2012] QDC, 3 October 2012. This is a case where the court found there was a fall at work, there was negligence but the fall did not cause consequential symptoms.
1 July 2015 -
Alleged injury from exposure to common cleaning agent
The Plaintiff was a 57-year-old part-time aged care worker. She alleges she suffered a chemical sensitivity injury and a consequent psychiatric injury as a result of exposure to a sanitising chemical “D4” in the course of her employment.
18 February 2021 -
Psychological injuries in the workplace
Lusk & Anor v Sapwell, 1 April 2011. Employers only have to address risks in the workplace that are reasonably likely, while a worker must prove that the employer's breach of duty of care caused their injury.
1 July 2015 -
Mandatory participation results in damages paid
Bagiante v Bunnings Group Limited. [2012] QSC, 31 May 2012. Employers should take care when arranging team events and participation in these activities should be on a voluntary basis.
1 July 2015 -
Employer found not negligent in security
Karanfilov v MSS Security & Ors [2013] QSC 304. Injured worker suffered post-traumatic stress disorder when he was working as a security guard.
1 July 2015 -
Zero Harm at Work case study_Energex Sun Safety
This case study is on skin cancer prevention in an outdoor workplace.
PDF 171.64 kB 28 August 2020 -
Surveillance and other related issues of credibility
Barker v Casco Australia Pty Ltd, 07 October 2011. This case study clearly demonstrates the importance of achieving a return to work outcome and that surveillance and other related issues of credibility are subject to the opinion formed by a Court and can be critical in determining the outcome of a quantum only trial.
1 July 2015