Injury, Safety & RTW

Ill & injured; Return-to work; WHS; Mental health risks; Medical incapacity; Case law updates

Update on case involving whether employee can be compelled to give evidence in a coronial inquiry

The Full Court of the Federal Court of Australia (Full Court) handed down its decision on 15 February 2019 in Helicopter Resources Pty Ltd v Commonwealth of Australia [2019] FCAFC 25.  The case involves an appeal to the Full Court by Helicopter Resources Pty Ltd (Helicopter) arising from a decision of the Federal Court which we previously reported…

Australia: Marie Boland’s Review of the model Work Health and Safety laws – industrial manslaughter, enhancing the Category 1 offence, and what it might mean for statutory safety duty holders

In February, Marie Boland’s Review of the model Work Health and Safety laws – Final report (Report) was released which recommends including a new offence of industrial manslaughter in the model Work Health and Safety (WHS) Act.

What rights do employers have to request further medical evidence from their employees?

When can employers lawfully direct an employee to provided further medical evidence is often one of the key questions when managing ill or injured employees. This is a difficult issue for employers to grapple with because, like many employment issues, the answer is – ‘it depends’.