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 loss he claims he suffered as a result of being exposed to high noise levels at his airport workplace. Rejecting the claim, while Qantas agreed that much of Mr Parsons work took place in a noisy airport environment, they co

“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 Marketing in 1999 and progressed through a number of roles until being appointed Group General Manager. Unfortunately, a detailed contract of employment setting out notice requirements for termination by either party was

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 [2016] FWC 6036 (10 October 2016)

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