I’M A WORKER NOT A STRIPPER

Showgirls at an Adelaide striptease venue are ‘workers’ because their elaborate dresses and other apparel are their ‘tools of trade’ but in contrast their makeup, cream, strawberries and neon paint were the materials with which they worked. The issue arose when the Supreme Court was called upon to determine whether the showgirls came within the definition of a ‘worker’ under the Workers Rehabilitation and Compensation Act. According to The Palace Gallery, their showgirls were independent contractors and not workers because they...

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DOES A TERMINATION PAYMENT MEAN I DON’T GET WORKERS COMPENSATION?

What happens when a person who is injured at work receives a termination payment? Does that mean that they are not entitled to Workers Compensation payments for lost income because they’ve already been paid? This question arose when a Council employee who was employed on a fixed term contract was terminated by the employer four months before the end of his contract period. The Workers Compensation Tribunal found that this early termination was an unreasonable breach by the Council of the employment contract because it was without...

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FLY IN FLY OUT (FIFO) EMPLOYEES AND WORKERS COMPENSATION CLAIMS

Working in the Coal Seam Gas Industry or the Mining Industry usually means workers are required to fly in and fly out of the work site on a rostered basis. You could spend as long as three weeks out of four on a site. You work your shift and then spend your non-working hours in employer accommodation, eating your meals in employer canteens and using recreational facilities provided by your employer, and sometimes assisting the nearby towns in events which will encourage goodwill between the employer and the town. At your induction they tell...

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RELYING ON THE OPINIONS OF MEDICAL PANELS AT TRIAL

The recent decision of the Workers Compensation Tribunal in relation to the matter of G v SAFECOM brings to the fore the spectre of the Opinions issued from Medical Panels SA (brought in under legislative changes in recent years). The crux of the matter considered by the Workers Compensation Tribunal in this case was as to in what circumstances the written Opinion issued by Medical Panels SA should or can be admitted into evidence. Ordinarily a report or opinion of a specialist (be they a doctor or other expert) needs to be tendered into...

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