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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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‘Your word against mine’: Where an aggravation of pre-existing conditions appeal falls short

‘Your word against mine’: Where an aggravation of pre-existing conditions appeal falls short

In the recent Federal Court case of McEwan v Comcare [2023] FCA 447, Abraham J dismissed the applicant’s appeal for psychological injury on the basis that the argument of aggravation of pre-existing condition did not arise in proceedings prior to appeal. The Court held that an applicant may only bring a different case to appeal if the injury period assessed by the Tribunal was too limited or the initial case had inferred a change of condition. The decision highlights the importance of presenting all facts before the Tribunal to reduce an applicant’s opportunity for appeal on an evolution of evidence.
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Public Health Orders applying to management of COVID Risks are not Employment related factors in tests of causation

Public Health Orders applying to management of COVID Risks are not Employment related factors in tests of causation

During the COVID pandemic employers were supported by the NSW Government , including through the mandates directing when and where face masks were to be worn.   A recent presidential member decision in the Personal Injury Commission (PIC) confirmed a certificate of determination where the member had concluded that the public order enforcing the mandatory wearing of face masks was the main contributing factor to the exacerbation of a pre-existing injury, and this was NOT a work-related factor.
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Has the worker suffered consequential conditions? The PIC says no

Has the worker suffered consequential conditions? The PIC says no

In the recent case of Govindan v Capital Safety Group (Australia) Pty Limited [2022] NSWPIC 588, Member Cameron Burge of the Personal Injury Commission (PIC) held that a worker did not suffer a claimed consequential cervical spine condition and gastrointestinal condition, as a result of not having recorded sufficient history and medical evidence.

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