November - 2016

O'Connell Group

1300 85 17 20

Level 8 Currency House, 23 Hunter Street, Sydney NSW 2000

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25 year gap no barrier to hearing loss liability

25 year gap no barrier to hearing loss liability

Even though an employee had last worked with an employer in 1991 and had several employers since, the NSW Workers’ Compensation Commission has held an employer liable for a hearing injury claim lodged in April 2015 seeking a lump sum amount as well as hearing aids. Facts of the case Mr Noel Parsons worked at Qantas between 1954 and 1991 in a number of mainly white collar roles. Aged 79, he lodged a claim for workers’ compensation in April 2015 for the hearing injuries and los

“Reasonable notice” ruling adds termination pressure on employers

“Reasonable notice” ruling adds termination pressure on employers

A recent Federal Court decision has highlighted the risk of relying on the National Employment Standards (the NES) to define the amount of notice required when terminating staff. In a case involving a misbehaving employee, the Court held the NES requirement of 5 weeks’ pay may be insufficient and that additional payment for ‘reasonable notice’ could be an implied requirement, particularly for a senior, long term employee. Facts Mr David McGowan commenced with Direct Mail and

Out of hours Facebook posting ridiculing supervisor justifies termination

Out of hours Facebook posting ridiculing supervisor justifies termination

In a further confirmation that social postings can lead to termination of employment, the Fair Work Commission has rejected an employee’s claim that comments he made out of hours should not be deemed misconduct. In refusing to overturn BHP’s decision to terminate one of its fitters, Commissioner Peter Hampton found there was a relevant and sufficient connection between the employee’s night time conduct and the employment relationship. Remmert v Broken Hill Operations Pty Ltd

Featured Posts

2020 Practitioners' Professional Development Day

2020 Practitioners' Professional Development Day

Deputy Mayor’s private remarks about gays held to have amplified impact due to position on Council

Deputy Mayor’s private remarks about gays held to have amplified impact due to position on Council

Councils limited to censure action for CoC breaches

Councils limited to censure action for CoC breaches

Meet the Fair Work Commission

Meet the Fair Work Commission

O’Connell celebrates 20 years

O’Connell celebrates 20 years

Think twice, and then again, if making staff on maternity leave redundant or changing conditions

Think twice, and then again, if making staff on maternity leave redundant or changing conditions

Covert surveillance of misconduct leads to reinstatement of employee

Covert surveillance of misconduct leads to reinstatement of employee

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