Workers Compensation Case Commentary: Views on serious and wilful misconduct

This recent decision in the Tribunal deals with what an employer must establish when relying on the “Serious and Wilful Misconduct” provision for the purpose of a section 81A referral. Traditionally, the threshold in utilising that section was at a high standard. This case steps away from that threshold and explores whether the employer has a liability to prove the elements of that section.

Our case commentary can be accessed by clicking Download below.

If you have any queries or would like further information regarding this case commentary, please contact:

Mat Wilkins
M: 0419 106 417

Katherine Barclay
T: (03) 6235 5121


Published: 20 January 2021

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