This 6 page paper is written in three parts considering different aspects of Australian law. The first part considers whether an employee can maker a claim under the workers compensation schemes. The second part considers the duty of care of the employer and the third looks as a potential claim of sexual harassment under discrimination laws. The bibliography cites 8 sources.
however it is not a job she would normally undertake ands only took up this task when the assembly line broke down. As a recently appointed to the position of
acting leading hand, she felt it her responsibility to make sure that she carried on working, despite others in the department stopping until the line had been fixed. The law
concerning workers compensation may be found within ten different statutes, depending of territory and also professions. The foundations of the acts are in the Workmens Compensation Acts of 1897 and
1906 (Clayton et al, 2002) The major act is that of the Safety, Rehabilitation and Compensation Act 1988 as well as the territorial local acts such as the Workers
Compensation Act 1951 (Clayton et al, 2002). The territorial acts have a great deal in common (Clayton et al, 2002) To be eligible for workers compensation there are three main
criteria to fulfil. The first is that of proximity of the injured party to the employer. Mary needs to be classified as a worker. The classification will vary between the
territories, as a PAYE employee it appears that she will fulfil this criteria (Clayton et al, 2002). The second criteria is that of the employee or worker having and injury
for which compensation is payable. Mary has suffered a laceration her hand. However, we are not told of the extent of her injury only that this is badly lacerated.
The extent of her injury will be very pertinent. The legislation places some limits on the use of common law as well, the circumstances under which compensation van be claimed,
For example, under The Workers Compensation Act 1987 (NSW) there is a limitation which states that to claim access to common law the claimant much be permanently injured. Not