Comcare review demands quick action

Peter Hanks QC has handed down his review of the Safety Rehabilitation and Compensation Act 1998 (SRCA), which contains some excellent recommendations for reform of the national Comcare scheme.

The last review into the Comcare scheme was completed in 2009 when Julia Gillard was the Minister for Workplace Relations. Sadly, one of the most important recommendations from that review putting time limits on employers in determining claims is yet to be implemented.

The problem for this review is that a fast closing political window could well see the reforms it recommends languish under a change of government. In...

Workplace Bullying - A New Right to Sue?

In October 2012, the House of Representatives Standing Committee on Education and Employment handed down its report on workplace bullying (Workplace Bullying "We Just Want it to Stop"). The report examined various aspects of workplace bullying and made 23 recommendations. Much of the report is necessarily devoted to an analysis of workplace bullying and acknowledgement of the problems associated with its prevalence and cost (both economic and social). Some of the measures will take time to implement, presuming that the requisite inter-governmental agreement can be secured.

The Committee's report reproduced the Ryan Carlisle...

Tougher bullying laws mean that there are more legal options available - but how effective are they?

Angela Sdrinis and Carol Andrades continue to examine legal avenues to compensation.

Part 2: Legal Remedies for Bullying - Tort of Intentional Harm, Anti-Discrimination Laws, Occupational Health and Safety Act 2004 (Vic) and the Fair Work Act 2009 (Cth)

As noted in Part 1 of the blog, there are thresholds which apply to the recovery of common law damages arising out of personal injury at work, including bullying behavior. In New South Wales, there has been at least one example (Naidu’s Case – see below) of...

Bullying at work - tougher bullying laws mean that there are more legal options available, but how effective are they?

Over two instalments, Angela Sdrinis and Carol Andrades examine legal avenues to compensation.

Part 1: Legal Remedies for Bullying-Criminal Law, Compensation and Negligence

Bullying at work has had a lot of media coverage following the death of Brodie Panlock, who committed suicide after being mercilessly bullied at work. On 31 May 2011, the Victorian Government passed legislation known informally as Brodie’s Law which made bullying a criminal offence in some circumstances.

Bullying can constitute a breach of the Occupational Health and Safety Act 2004...

As national employers shake out staff, bullying is on the rise

Comcare lawyer, Angela Sdrinis, analyses the fallout from a recent stress injury ruling.

Banks continue to announce big staff layoffs, with some commentators including the head of the Finance Sector Union, Leon Carter, predicting job losses totalling 10,000 over the next 18 months. At the same time, Telstra and Australia Post continue to shed workers more quietly but in large numbers. And if Tony Abbott gets in, numbers in the Commonwealth public service are likely to be slashed.

In my experience as a Comcare expert, management doesn't reach those...

How credible is WorkSafe on workplace bullying?

With workplace bullying in the public sector now at 21%, how credible is the Victorian Government's own WorkSafe anti-bullying message?

Dear Minister For All Things,

Workplace Bullying

The absence of any accessible and effective remedies for the overwhelming majority of workplace bullying cases is a scandal.

Government has continued to miss the point on workplace bullying both in its capacity as a major employer and as lawmaker.

Its record as an employer is reflected in the People Matter Survey 2010 of Victorian public sector employees. With almost 19,000 respondents the survey disclosed that:

• 34% of public...
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Harassment allegations at WorkSafe - media reports

The Age reports today on the worrying culture of bullying allegedly in place at the State's key workers compensation authority, WorkSafe.

The story maintains that bullying and stress claims are at an all-time high within the Authority.

It is embarrassing for WorkSafe that runs a high profile media campaign against workplace bullying, while also encouraging workers to return quickly to work during their rehabilitation.

In the experience of our workplace accident and compensation practice, our injury lawyers are often dismayed by the dismissive nature of WorkSafe to claims made for stress, often as a result of...