Anglican Church defends position in child sexual abuse case against the WACA
In court proceedings in Western Australia, the Anglican Church finds itself at the centre of a complex case involving historical child sexual abuse. Two survivors of child sexual abuse are seeking to include the Church (as a further defendant) in proceedings related to abuse they endured at the hands of an employee of the Western Australian Cricket Association.
Defence strategy sees driver retain licence with no conviction recorded
In November 2023, we represented a member of the United Workers Union in relation to a charge of driving across double unbroken lines to make a U-turn in New South Wales. If convicted, the charge could have resulted in a penalty of three demerit points and a fine. However, a considered defence strategy resulted in the charge being dismissed, and no conviction was recorded.
Key appointments strengthen Hall Payne’s commitment to the union movement
The appointment of Sunil Kemppi and Mark Diamond show Hall Payne’s continued growth of the firm's industrial team in NSW and nationally. We are very excited to have two exceptional lawyers and trade unionists join our national team industrial practice where we have no doubt they will make an immediate and positive impact for our clients.
Closing Loopholes sees significant changes to the Fair Work Act from December 2023
In December 2023, the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 received royal assent, which will see significant changes to the Fair Work Act. The various changes will take effect at different times from December 2023 through to 2025. None of the changes will operate retrospectively.
Nurse awarded $1.6 million compensation after violent patient assault
The 2023 decision in Wilson v Gold Coast Hospital and Health Service sheds light on the employer's duty of care to its employees and the consequences of failing to meet that duty, particularly in high-pressure environments like healthcare. We dissect the facts, findings, and implications of this significant case which resulted in a worker's compensation common law damages award of over $1.6 million to the injured worker.
Your guide to worker’s compensation claims in Queensland
If you sustain a workplace injury in Queensland, in the midst of undertaking medical treatment and rehabilitation, there is the added stress of navigating the world of worker’s compensation claims. In this article, we provide a simple, yet comprehensive guide for injured workers in Queensland.
Bullying at work – your workplace rights
We explore what behaviour constitutes bullying under the Fair Work Act and explain the formal complaint pathway to apply to the Fair Work Commission for an order to stop bullying at work.
How social media outside the workplace can impact your employment
Social media outside of working hours can serve as a platform for problematic behaviour. Instances of bullying, vilification, discrimination, and harassment frequently manifest on social media platforms. Employees should be aware that their rights and responsibilities in respect of social media use may extend beyond the workplace.
Sexual harassment protections under the Fair Work Act
Federal laws which came into effect in March 2023, prohibit sexual harassment in connection with work. In addition to orders to stop future sexual harassment, workers now benefit from the possibility of a final determination of sexual harassment complaints, including the possibility of compensation and penalty.
Case review – new flexible work arrangement laws
We look at a case where the employer denied the worker’s request for flexible work arrangements. The matter went to the FWC and ultimately, the Full Bench. It was found that the employer had failed to discharge its onus of establishing that it had reasonable business grounds to refuse the employee’s request.
Hall Payne Lawyers appoints Dale Blackmore as Principal Solicitor
We are thrilled to announce the appointment of Dale Blackmore as Principal Solicitor at Hall Payne Lawyers.
Will I get reinstatement after a successful unfair dismissal claim?
While compensation (instead of reinstatement) of up to six months’ pay is a common alternative remedy for unfair dismissal, reinstatement remains the primary remedy under the Fair Work Act. However, even in successful unfair dismissal applications, the Fair Work Commission often does not order reinstatement.