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What is a Redundancy?

By | Employment Law | No Comments

A redundancy is a genuine redundancy when the person’s job doesn’t need to be performed by anybody anymore.
A redundancy usually occurs because of a change in the businesses operations or strategy. Your employer should consult with you before the redundancy occurs and try to accommodate you in other areas of the business.

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Will I lose my job because I am ill?

By | Employment Law | No Comments

You are protected at work from being treated adversely because you have an illness if your employer is aware of your illness.

This means that if you are suffering from an illness or injury your employer has an obligation (under anti-discrimination legislation) to consider making reasonable adjustments (within the capability of the business) to enable you to perform your role.

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Do I have to give my employer a medical certificate for my sick leave absence?

By | Employment Law | No Comments

If you have taken paid personal leave (sick leave) and your employer requests that you provide a medical certificate, then you will need to comply.

The Fair Work Act 2009 (Cth) (FW Act), section 97 allows you to take paid personal/carer’s leave when you are not fit for work because of a personal illness, or personal injury, affecting the employee; or when you need to provide care or support to a member of your immediate family or household, who requires care or support because of a personal illness, or personal injury, affecting the member; or an unexpected emergency affecting the member.

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Am I still entitled to compensation if I was partly to blame for the car accident?

By | Motor Accidents | No Comments

When dealing with compensation for motor vehicle accidents in Queensland, there are two aspects that you must prove to successfully bring a claim.

The First aspect is with respect to liability or negligence and the second is with respect to the injuries sustained by the negligence and the damages or compensation that flows from that.

If you are unable to prove negligence / liability then you do not recover any damages / compensation for your injury. This means that if the motor vehicle accident was your own fault, you cannot pursue a negligence claim as the accident was your own fault.

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Is there such thing as a stress claim?

By | Workplace Accidents | No Comments

In the current economic client, many workers’ are finding themselves under increasing pressure from their employers to meet heavier and heavier workloads, whilst at the same time having less resources and support available to do so. It is therefore hardly surprising that workers’ compensation claims involving workplace stress are on the rise. In fact, recent figures published by Safe Work Australia suggest that 95% of workers’ compensation claims for psychiatric injuries, in Australia, involve elements of work related stress.[1] This raises the question of in what particular circumstances a worker’s compensation claim based on workplace stress will be accepted?

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