- Cook Government's Bill to retrospectively validate historical elections made for workers pursuing common law damages claims has passed through Parliament
- Bill addresses adverse implications resulting from a WA Court of Appeal decision
New legislation has passed through Parliament to restore the rights of workers in the court system.
On 5 September 2024, the WA Supreme Court of Appeal delivered Neville v Choice One Pty Ltd [2024] WASCA 104.
The decision would have prevented some workers from accessing common law damages in the courts due to a technicality in the order in which election and impairment documents are required to be registered.
Without an urgent legislative response, many workers pursuing common law damages under the now repealed 1981 Act would have been deprived of accessing common law damages and having proceedings struck out, stayed, dismissed or discontinued due to their election to pursue common law damages being invalid.
The legislation retrospectively validates common law elections made under the 1981 Act, and preserves any current proceeding that has been affected by the Court of Appeal decision.
As stated by Industrial Relations Minister Simone McGurk:
"The Cook Government has responded quickly to industry concerns to ensure workers are not denied the opportunity to have their common law claim progressed following the decision made by the WA Court of Appeal.
"This new legislation provides clarity for industry and workers progressing claims through the court system and I thank The Law Society of Western Australia, legal community and parliamentarians for supporting the urgent passage of this legislation."
