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A Failure to Consult: The Fair Work Commission...

Making logical changes to workplace processes should be simple and straight forward. However, a recent decision of the Fair Work Commission (FWC) confirms that employers still need to make sure they follow the additional step of proper employee consultation, or risk a poor outcome in the Commission. This means managers need to ensure employees' feedback has not only been sought, but also be able to demonstrate how employee feedback has influenced the process and been accounted for in the final outcome(s).  

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Firm News

Hicksons recognised in Doyle’s Guide 2024

We are delighted to be recognised as a leading law firm in the 2024 Doyle’s Guide across the following categories:

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Firm News

Special Counsel Kezia David Named Among...

Special Counsel Kezia David recognised among Australasian Lawyer’s Elite Women 2024 for excellence in insurance law.

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‘Speak now… or forever hold your peace’ – Requirements for claiming outside the limitation period

‘Speak now… or forever hold your peace’ – Requirements for claiming outside the limitation period

On 23 April 2021 the Personal Injury Commission delivered a determination of appeal against a decision of the Commission in Burke v Suncorp Staff Pty Ltd [2021] NSWPICPD 6. The worker claimed the Member had erred in fact in finding and that the worker’s failure to claim compensation was not occasioned by ignorance.
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“Not without my pick stick” – Picker Packer finds damages are just out of his reach

“Not without my pick stick” – Picker Packer finds damages are just out of his reach

Most of us go through life thinking very little about pick sticks, but in the case of Smith v Coles Supermarkets Australia Pty Ltd, it was the humble pick stick that (almost) picked victory out of the jaws of defeat.

  • 2 Oct 2020

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When is enough enough? - anaesthetist's appeal fails

When is enough enough? - anaesthetist's appeal fails

In our blog on 19 May 2018 we reported on a decision in which an orthopaedic surgeon and anaesthetist were both found negligent for failing to abandon surgery prior to the plaintiff suffering paraplegia.  

  • 5 Mar 2018

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NSW Court of Appeal decision affects a practitioner’s rights to seek a stay from NCAT

NSW Court of Appeal decision affects a practitioner’s rights to seek a stay from NCAT

Yesterday the Court of Appeal handed down a decision (Medical Council of NSW v Lee [2017] NSWCA 282) which will limit a practitioner’s rights to seek a stay of any suspension decision made by their relevant registering Council pursuant to s150 of the National Law.

  • 7 Nov 2017

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Discrimination settlement extinguishes workers compensation rights

Discrimination settlement extinguishes workers compensation rights

President Keating of the Workers Compensation Commission expressed it to be an unfortunate result when he entered an award for the respondent finding that a workers settlement of a discrimination claim extinguished her further rights to workers compensation.

  • 29 Jul 2016

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Any Interest in Determining Costs Orders?

Any Interest in Determining Costs Orders?

In Averkin v Insurance Australia Limited (No 2) [2016] NSWCA 150, the NSW Court of Appeal determined costs issues arising from an insured’s successful appeal against a District Court decision which had found that an insured’s claim with respect to a $38,870 agreed value motor vehicle policy was fraudulent.

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