Patrick Walsh

Dealing with Self-Represented Litigants in the South Australian Employment Tribunal

November 15, 2018

The recent decision of the Full Bench of the South Australian Employment Tribunal in Richards v Little Company of Mary Health Care [2018]...

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Workers Compensation Case Studies

November 7, 2018

Return to Work Corporation of South Australia v Karpathakis; Return to Work Corporation of South Australia v Rudduck [2018] SASCFC 45 This decision...

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Looking into the Crystal Ball

July 4, 2018

What can we expect in Workers Compensation in the near future? On 16 April 2018 State Treasurer Rob Lucas announced that the average...

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New International Standard for Occupational Health and Safety

July 4, 2018

The International Organisation for Standardisation has recently published a new International Standard ISO 45001:  “Occupational health and safety management systems – Requirements with...

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Staff Profile: Patrick Walsh

July 4, 2018

No Place Like Home Patrick Walsh will tell you that while having experience counts, it’s engaging and enjoying interaction with people on all...

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Recognising The Health Benefits Of Good Work

June 22, 2017

Returning Injured Employees to the Workplace After They Have Suffered a “Non-Compensable” Injury In most cases where an employee is sick or injured,...

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Employer Dismisses Employee on Collision Course with other Driver

January 12, 2017

Fair Work Commission finds that employee involved in a road rage altercation was fairly dismissed. Happy New Year everyone! To begin 2017, I...

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The “Fairness” Scale

November 18, 2016

How to measure the reasonableness of your administrative action Following on from the High Court’s decision in Comcare v Martin [2016] HCA 43...

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Management Prerogative

November 14, 2016

The High Court of Australia reinforces an Employer’s right to legitimate management action The recent decision of the High Court of Australia in...

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The Parliamentary Inquiry in the Return to Work Act 2014 (SA)

August 17, 2016

An Investigation in the Known Unknowns and the Unknown Unknowns Recently it has been announced that the Parliamentary Committee on Occupational Safety Rehabilitation...

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Reinstatement under the Return to Work Act

April 1, 2016

The South Australian Employment Tribunal delivers first course in the Section 18 moveable feast! In what is likely to be a very contentious...

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Fattening the Calf for Sale?

February 18, 2016

All signs pointing towards ReturnToWorkSA (“RTWSA”) pumping up the tyres of the Scheme to put it on the market in 2017 Since the...

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Full Bench of the Federal Court Finds That a Worker Assaulted at the Pub Suffered a Compensable Injury

December 17, 2015

In Westrupp v BIS Industries Limited [2015] FCAFC 173 the Full Bench considered an appeal from a decision by the AAT, which found...

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Dealing with Injured Employees

November 24, 2015

When does an employer have the right to terminate the employment relationship? In a decision which could be an indication as to how...

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Supreme Court Awards Injured Worker $1.3 Million

September 7, 2015

Lessons for businesses using contractors A recent decision by the Full Court of the Supreme Court of South Australia highlights the cost of...

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The Chosen One

July 23, 2015

One assessment to rule them all, one assessment to find them; one assessment to bring them all and in the darkness bind them....

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Supreme Court Clarifies when an Employee is Absent and when an Employee is on Leave

March 19, 2015

The Full Bench of the Supreme Court, in a majority judgment, in Flinders Ports Pty Ltd v Woolford [2015] SASCFC 6 has clarified...

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Alert: Return to Work and Employment Tribunal Bills passed by Parliament

October 31, 2014

The State Government’s plan to enact a new workers compensation scheme is all but in place after the Return to Work Bill 2014...

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Reasonable Administrative Action

March 17, 2014

Businesses failing to comply with their industrial obligations will open themselves up to claims for workers’ compensation. In a recent decision by the...

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Employers Have a Right to Know!

February 19, 2014

A recent Federal Court ruling reinforces employers’ rights to seek medical information to satisfy work health & safety obligations. In Australian & International...

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Could you be required to give an injured employee a job for life?

December 11, 2013

A recent decision by the Workers Compensation Tribunal paves the way for the Tribunal to, in effect, review a Compensating Authority’s decision to...

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When Will You Be Liable For The Doctor’s Mistakes?

December 4, 2013

Employers may not be aware that the liability for workers who receive negligent medical treatment for compensable injuries, which aggravates pre-existing injuries and...

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