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Unfair Dismissal Claims & Insurance

UNFAIR dismissal claims continue to rise under the Fair Work Act and have risen by more than 10 per cent a year since the laws took effect in mid-2009.

The number of claims lodged is now running about twice the level of the final year of WorkChoices.

Almost 8000 dismissal claims were lodged in the first six months of 2011-12 with Fair Work Australia, a rise of 11 per cent from a year earlier.

The new data, released by Fair Work Australia, shows that claims have nearly doubled since 2008-09, the last year of the Howard government’s WorkChoices system. The data also includes strong growth in general protections claims that relate to discrimination and freedom of association.

Senator Abetz said he suspected the claims would be higher still, with anecdotal evidence that employers were prepared to pay off sacked workers before a claim was lodged.
Read more: The Age – Fair Work Act: Unfair Dismissal Claims Rising

If this concerns you as an employer, please look at our Management Liability Insurance and Claims Examples.

For more information please contact us on (03) 9808 9222 or Enquire Now

Insurance Cover for Mobile Equipment

The challenge of insuring mobile equipment

Electronic equipment is vulnerable to theft as well as accidental damage through dropping and liquid spills.

 This is especially the case for portable equipment that is not always located in secure premises. Portable equipment is at its most vulnerable when you are travelling.

Unfortunately most home and business policies do not cover theft and damage that occurs outside the home or office environment, and this is exactly when you are most likely to need insurance protection.

Equipment owners are increasingly looking for a comprehensive worldwide cover to protect their investment in mobile assets. High excesses, frequency rates and cover limited to premises mean that many mobile assets are effectively not insured or at best under-insured.

The specialised cover is much broader than a normal policy and can cover:

  • Worldwide Cover
  • Theft Cover
  • Accidental Damage Cover
  • Loss in Transit
  • Cover for theft out of a vehicle
  • Excess from $100

Coverage for Surveying Equipment, Photographic Equipment, Portable – IT Products, Medical Equipment, Light Machinery, Office Equipment, Musical Instruments and many others can be available.

If you would like more information on Mobile Equipment Insurance, please give us a call today on 03 9808 9222 or alternatively send us an email through our Enquiry Form.

Source: Protecsure Pty Ltd

The new definition of ‘Worker’ under the WHS leglislation

Many changes have been made to existing definitions under the new Workplace Health and Safety legislation.  A person is now considered a “worker” if they carry out work in any capacity for a PCBU (‘Person Conducting a Business or Undertaking’ – the new term for an employer), including work as:

  • an employee
  • a contractor or subcontractor
  • an employee of a contractor or subcontractor
  • an employee of a labour hire company who has been assigned to work in the business or undertaking
  • an outworker
  • an apprentice or trainee
  • a student gaining work experience or
  • a volunteer

It is important to note that as of 1 January 2012, volunteers and work experience students are now classified as workers in most states and territories.  Other than internal considerations we must now also consider the potential ramification this may have on clients’ insurance needs and adjust advice accordingly.

The following table provides information on the current status of the implementation of the new legislation by jurisdiction.  In cases where legislation hasn’t yet passed in your jurisdiction it will be beneficial to act in accordance with the laws in preparation.  This will ensure that you are complying with the highest standard.

 Jurisdiction

 Introduced to
Parliament

 Passed

 Date of
Implementation

 Commonwealth      
 Work Health & Safety Act 2011 6 July 2011  24 November 2011 1 January 2012
 Work Health & Safety Regulations 2011 Made
7 December 2011
Registered
14 December 2011
1 January 2012
 Australian Capital Territory      
 Work Health & Safety Act 2011  23 June 2011 20 September 2011 1 January 2012
New South Wales      
 Work Health & Safety Act 2011  5 May 2011 27 May 2011  1 January 2012 
 Work Health & Safety Regulation 2011   16 December 2011 1 January 2012 
 Northern Territory      
 Work Health & Safety (National Uniform Legislation) Bill 2011 27 October 2011   1 December 2011 1 January 2012 
 Queensland      
 Work Health & Safety Act 2011 10 May 2011  26 May 2011  1 January 2012 
 Work Health & Safety Regulations 2011 Approved on
24 November 2011 
29 November 2011  1 January 2012 
 South Australia      
 Work Health & Safety Bill 2011 19 May 2011    Parliament voted to adjourn debate on the Work Health & Safety (WHS) Bill until 14 February 2012. 
 Tasmania      
 Work Health & Safety Bill 2011 18 October 2011    Tasmania’s Legislative Council amended the Bill by changing the commencement date to 1 January 2013. The Bill will be resubmitted to the House of Assembly for agreement. 
 Victoria      
 Not yet introduced      The Victorian Government announced it would delay harmonisation.
 Western Australia      
 Not yet introduced     The Western Australian Government has announced that it is unable to meet the 1 January 2012 implementation time frame. 

 

*If you are a Victorian client, please contact us to find out more information to ensure you are prepared when the new law is introduced.

Source: Goldseal