The High Court will determine whether a mesothelioma-related cause of action arises at the time asbestos is inhaled or when the symptoms of the disease become apparent, after an employer was granted special leave to appeal against a $425,000 damages award.
A mesothelioma sufferer has been awarded $425,000, after the Northern Territory Court of Appeal reversed a controversial decision that he was statute-barred from claiming damages.
An employer that negligently exposed a worker to asbestos in the 1970s has defeated a damages claim. The Northern Territory Supreme Court found the mesothelioma sufferer was statute-barred from making a claim, but the man has appealed the decision.
State and territory OHS laws can "operate interactively" with the Fair Work Act without undermining the Commonwealth's power to make industrial laws, the Federal Court has confirmed in ruling against an employer in a safety-related entry dispute.
A Northern Territory worker who claimed he injured his back while lifting 91kg concrete caps has lost his damages bid, after the Supreme Court found his employer explicitly forbade such work, and surveillance footage contradicted his claims.
First NT employer fined under model WHS Act; Two in five incapacitated workers unsure of RTW goals; WorkCover SA overhaul to include early-intervention call centre; Qld employers' absence rates and reputations to improve under new wellbeing program; and Alert and video released after young workers killed.
In this update, OHS Alert examines all the important OHS and workers' comp legislative changes made in the second quarter of 2013. We also recap the most significant court and tribunal rulings and other developments in each jurisdiction.
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