A 35-year-old stonemason diagnosed with accelerated silicosis and a severe psychological adjustment disorder has been relieved of what the Judge has deemed an “illogical, unreasonable, and inconsistent” dual process enacted by Parliament in 2002. In this Supreme Court of Queensland decision, the Judge found that the Personal Injuries Proceedings Act inadvertently failed some claimants. The express wording of the Act did not allow a claimant suffering from secondary injuries, such as a psychological injury resulting from a dust-related condition, to expedite the resolution of their claim. https://bit.ly/2WuECtF #employmentlaw #workplacerights #dustdiseases #dualprocess #silicosis
Hall Payne Lawyers
Law Practice
Brisbane, QLD 1,311 followers
Work | Life | Fairness: We're committed to your rights
About us
Hall Payne Lawyers (HPL) has been providing quality legal services for over 25 years. With head office in Brisbane, and a further 10 offices throughout Queensland, Northern Territory, New South Wales, Tasmania and Victoria, HPL is proud of its strong local focus, offering a comprehensive range of professional services designed to meet the legal needs of individuals, families, community and member organisations, as well as small to medium enterprise. As a mid-sized legal firm, Hall Payne Lawyers are large enough to offer you the depth and breadth of expertise you would expect at a large legal firm - but small enough to provide the personalised, prompt and friendly service that has been key to our success in building long-term relationships with our valued clients. At HPL, 'we understand it's personal' and that's why, in managing your legal matters, our focus will not only be on the 'here and now' but also on planning for any future needs or challenges that may arise
- Website
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https://www.hallpayne.com.au
External link for Hall Payne Lawyers
- Industry
- Law Practice
- Company size
- 51-200 employees
- Headquarters
- Brisbane, QLD
- Type
- Privately Held
- Specialties
- Employment Law, Wills and Estates, Industrial Relations, Commercial Law, Immigration Law, Defamation Law, Disability and Super, Personal Injury, and Health Law
Locations
Employees at Hall Payne Lawyers
Updates
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It’s compulsory for all employers in NSW, unless they’re considered an “exempt employer”, to have worker's compensation insurance. If the business doesn’t hold a policy, it may be fined or penalized up to $55,000.00 and/or up to six months imprisonment. So, what happens if your employer is not “exempt” from holding worker's compensation insurance and you are injured at work? https://bit.ly/4bXdzcx #workerscompensationclaimnsw #uninsuredemployer #workplaceinjury
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There are some unpaid work arrangements that are lawful, and some that are not. Whether an unpaid work arrangement is lawful or not depends upon the nature of the arrangement. Often lawful unpaid work arrangements entered into include: 👉🏼 vocational placements; 👉🏼 unpaid internships; 👉🏼 unpaid work experience; and 👉🏼 unpaid work trials. Depending upon the nature of the arrangement, a person doing the work may actually be an employee and be entitled to the minimum rate of pay (for the relevant type of work) and any other minimum employment entitlements. https://bit.ly/3YDQZ0R #employmentlawyers #workplacerights #unpaidwork #isunpaidworklawful
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Absent specific circumstances being established, employers have no right to control or regulate their employees’ conduct outside of work hours. However, if an employee’s out of work conduct has a significant and adverse effect on their employment or the workplace, then an employer may be able to take disciplinary action, which may include termination of employment. In our latest blog, we look at circumstances where an employee’s ‘out of hours conduct’ can constitute grounds for disciplinary action including termination of employment. https://bit.ly/3wGjyTD #employmentlawyers #workplacerights #outofworkconduct #termination #unfairdimissal
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Back in 2021, we represented the CFMEU (QLD) in an adverse action claim against BM Alliance Coal Operations Pty Ltd. The case concerned a member of the CFMEU who worked for labour hire company WorkPac at BM Alliance Coal Operations Pty Ltd’s Daunia mine near Moranbah in Queensland. The worker had his access to the mine revoked by BMA after raising health and safety concerns. He was given a warning by his employer WorkPac. After an investigation by WorkPac into allegations of misconduct, his employment with WorkPac ultimately came to an end. In January 2023, the Federal Court made an Order in favour of our client. We look at this win in a little more detail. https://bit.ly/3ZiaY6t #employmentlawyers #industriallawyers #workplacerights #adverseaction #federalcourtwin #cfmeu
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If you’re in a dispute that may end up in legal proceedings, contemporaneous file notes can be used as documentary evidence to corroborate direct oral evidence of a fact. They can be extremely useful in a variety of different situations, including disciplinary, bullying or discrimination issues in the workplace, as they are generally regarded as a more accurate record of events than oral evidence given months or years after the events. In our experience, where there is conflicting witness evidence, and one witnesses account is corroborated by a contemporaneous note, that evidence is more likely to be accepted by the Court/Commission/Tribunal. https://bit.ly/3WSwIrn #employmentlawyers #workplacerights #contemporaneousnotes
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Last Friday, HPL staff attended the RUN DIPG Annual Moonlight Gala, held on May 17th, which is DIPG Awareness Day. This event aims to raise awareness of DIPG and fundraise for crucial research. RUN DIPG is a charity dedicated to improving outcomes for patients, families, and communities impacted by the deadliest form of childhood cancer – the brainstem cancer, diffuse intrinsic pontine glioma (DIPG), also known as diffuse midline glioma (DMG). Throughout the evening, we heard touching stories from Australian families affected by DIPG/DMG and learned about the origins of RUN DIPG. This charity holds a special place in the hearts of many HPL staff, and we are dedicated to supporting their mission. We encourage you to learn more about RUN DIPG’s mission and contribute if you can by visiting their website: https://lnkd.in/gbEzRSRw #MoonlightGala2024 #MovingTowardsACure
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It is estimated that nearly 6 million people volunteer their time, knowledge and expertise through various organisations annually across Australia. Volunteers are not covered by any State or Federal employment awards or workplace agreements; however, they still have workplace rights that are protected in legislation. https://bit.ly/3YiphGZ #workplacerights #workerscompensationclaims #volunteerworkplacerights #volunteerworkplaceobligations
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In criminal law matters in Queensland, there are two drug types of drug diversion: 👉🏼 Court ordered drug diversion; and 👉🏼 Police drug diversion. Courts can order drug diversion as a penalty, with the primary purpose of rehabilitation. Or police can offer drug diversion to help people address their drug use and associated offending behaviour. Our latest blog explores the difference between the two options. https://bit.ly/3UXEezN #criminallaw #drugdiversionqueensland #courtordereddrugdiversion #policedrugdiversion
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In simple terms, it is legal for your boss to monitor and track your work-related tasks and performance while at work; whether working from home or on site. However, employers do not have unrestricted rights to conduct surveillance on an employee’s use of the employer’s (or the employee’s) communication devices. In this blog, we explore what can and cannot occur in relation to employee and workplace surveillance. https://bit.ly/3v8tz8i #employmentlawyers #workplacerights #employeemonitoring #workplacesurveillance