Post-Kirk decisions

Since the Kirk decision was handed down in February 2010 it has so far failed to deliver on the hope it would bring an end to some of the unreasonable tactics used by WorkCover and permitted by the Court in prosecuting employers, directors and managers.

The following articles summarise key decisions handed down since the Kirk judgment, each of which has left legal analysts asking what effect, if any, Kirk can have on the work health and safety landscape.

1. Employer not liable for hobby farm injury (Kirk decision)
2. Employer fails to make Kirk like argument stick (NSW) (Holland decision)
3. Directors guilty until proven innocent according to NSW IR court (Chevalley decision)