Eggers v Return to Work Corporation of South Australia [2023] SAET 17
Earlier this month, the South Australian Employment Tribunal (SAET) held that the best way to determine a change in a worker’s AWE rate is the use of comparators, that is, another worker in a similar role as the worker before the worker was injured. The case of Eggers explores what information is necessary to best […]
Supreme Court Ruling: Worker Totally Incapacitated Can Breach Mutuality Obligation in Morris Case
The Supreme Court of Appeal finds a worker can breach mutuality even when there is a total incapacity for work – revisiting workers contractual obligations to establish an entitlement to compensation DEPARTMENT FOR CHILD PROTECTION v MORRIS [2022] SASCA 131 (15 December 2022) The Supreme Court of South Australia has handed down its decision in […]
Abd El Salam v RTWSA – the merits of out of time disputes
Mr Rani Abd El Salam (the worker), lodged a claim for compensation in February 2016 for an injury he claims to have sustained in a fall at a workplace on 27 August 2015 (the fall). The claim was rejected on 15 July 2016 by RTWSA. The worker filed an Application for Review in September 2020, […]
Franck v Return to Work Corporation of South Australia and Wrightville Services P/L [2022] SAET 122 (8 September 2022)
In this case article we discuss the costs ramifications on an appeal that was pursued by the worker where no error of law was identified- In the abovementioned appeal, Deputy President Judges Gilchrist, Crawley and Calligeros considered whether the trial judge’s findings of facts were errors of law and whether it was reasonable that Mr […]
Pre-approval application for spinal cord stimulator – was it reasonable and in consequence of a work injury?
Georgoudis v Return to Work SA [2022] SAET 105 In a decision delivered 9 August 2022 His Honour Deputy President Judge Crawley considered whether the insertion of a spinal cord stimulator was reasonable and in consequence of a work injury. On 10 October 2017 Mr Georgoudis suffered a fall at work injuring various body parts […]
Return to Work SA Amendment Bill 2022
The Return to Work (Scheme Sustainability) Amendment Bill 2022 (SA) (the Bill) passed Parliament on 6 July 2022 and is to commence on a day to be fixed by proclamation. The Bill will amend the Return to Work Act 2014 (SA) (the Act). We summarise some of the key changes. Change of […]
Jackermis v Woolworths – more than one economic loss payment?
Jackermis v Woolworths (SA) (RTWSA as intervener) [2022] SAET 74 In a judgment delivered by the Full Tribunal of the South Australian Employment Tribunal in Jackermis v Woolworths and Return to Work Corporation of South Australia delivered 14 June 2022 it was held that a worker who suffered a further work injury occurring subsequent […]
Welcome to Melino Legal
Welcome to the first official post of Melino Legal. The purpose of our blog is to provide our readers with current information, education, knowledge and resources. We will offer case updates and key news in the areas of the law that we practice in and deliver it in a way that is relevant. We are […]