Workplace Health & Safety

What happened when employer refused to answer calls, emails and texts of an injured employee?

“The FWC has held that an employer who refused to answer the calls, emails and text messages of an injured employee when she sought to return to work repudiated her employment contract and unfairly dismissed the employee,” writes Emily Harvey of the Maree Hayes v Austrend International Pty Ltd T/A Austrend Group (U2016/6469) case.

Are you addressing and promptly investigating all incidents and near misses internally?

“Not only is it a legal requirement to report all incidents internally and, when applicable, report them externally, it demonstrates to workers that the organisation takes safety issues seriously,” writes the team at Dibbs Barker’s People & Workplace services group.

Man in wheelchair

South Australia’s new Return to Work legislation

In rejecting a constitutional challenge to South Australia’s new Return to Work legislation a tribunal has upheld its statutory power to order employers to reinstate injured workers who have been improperly dismissed, reminding employers that return to work obligations may result in some cost and inconvenience; writes Shae McCarthy of Clayton Utz.

Update for Queensland: Workplace injuries

Read more from the QLD team at Sparke Helmore Lawyers on how “following the repeal of the Newman amendments in September 2015, all workers who sustain injury at work on or after 31 January 2015 have had their full common law rights restored, regardless of the assessment of impairment.”