How to Protect Your Business in 2025
Australia’s businesses are facing increasing challenges as negligence claims rise across industries. A parliamentary inquiry into the 2022 floods revealed insurers’ inadequate responses, leaving many struggling with over 300,000 claims totalling $7.4 billion. Delays and inconsistent decisions emphasised the need for robust and responsive insurance policies. The hospitality sector is grappling with a 120% surge […]
Melino Legal Named Leading Defendant Workers Compensation Firm in SA 2023
Melino Legal and our Firm Principal Tahlia Melino have been recognised in separate categories in the 2023 Doyles Guide as Leading Defendant Workers Compensation (Firm) and Leading Defendant Workers Compensation (Solicitor) We congratulate our team for their ongoing commitment and drive in assisting clients navigate legal issues and delivering pragmatic and excellent advice and representation […]
SA Employment Tribunal: Job Descriptions Aren’t Contracts—Employee Dismissal for Lost License Examined
Job descriptions are not contracts of employment and the inability of an employee to undertake a duty within his job description does not of itself justify dismissal – read what the SA Employment Tribunal had to say in this article about an employee who was terminated after he lost his drivers license Stevens v City […]
Melino Legal are sponsors of Closing the Loop
Closing the Loop 2023 will be held at Morphetville Racecourse on 21 September 2023. There is an interesting line up of speakers across various expertise discussing return to work, industrial manslaughter and work, health and safety. Tickets can be purchased here: https://www.ivvy.com.au/event/SISA23/
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 […]