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1986
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Bishop v The Commonwealth of Australia (Department of Defence)
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Commonwealth Employees Redeployment and Retirement Appeals Tribunal. Administrative Appeals Tribunal, A85/100, 25 March 1986
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Compensation: undisclosed
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Claim: Allergic reaction to smoke
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|
1986
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Burchmore v Queen Elizabeth Hospital
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South Australia
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Listed for hearing in the South Australian Local Court, April 1986
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Compensation: settled out of court; conditions confidential but believed to involve a minimum of $8000
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Claim: Lung damage
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1986
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Hart v Ansett Airlines of Australia
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Compensation Court of NSW, 23 September 1986
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Compensation: $20,000 out-of-court settlement
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Claim: Nausea, headache, respiratory symptoms
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1987
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Victorian Secondary Teachers Association v Ministry of Education
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|
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Workcare claim, January 1987
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Compensation: undisclosed
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Claim: Severe aggravation of sinusitis and acute infection of nasal passages, throat and facial bones
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|
1987
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O’Brien v Muree Golf Club
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New South Wales
|
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Workers compensation claim, Compensation Court of NSW, June 1987
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Compensation: $36,500 out-of-court settlement
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Claim: Emphysema
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1988
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Carroll v Melbourne Metropolitan Transit Authority
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|
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Workcare claim, Victorian Accident Compensation Tribunal, July 1988
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Compensation: $65,000 out-of-court settlement
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Claim: Lung cancer
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|
1991
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Unnamed v SA TAB
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|
|
Workcover claim, April 1991
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Compensation: unknown
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|
|
1991
|
O’Keefe v seven hotel employers
|
|
|
Workcare claim, June 1991
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Compensation: $20,000 out-of-court settlement
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Claim: Lung cancer
|
|
1991
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Voss v Victorian Government
|
Victoria
|
|
Workcare claim, August 1991
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Compensation: unknown
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Claim: Throat cancer
|
|
1992
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Scholem v NSW Dept of Health
(1992) 3 APLR 45
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New South Wales
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Common law negligence and breach of NSW Factories, Shops and Industries Act 1962
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NSW District Court, Sydney, May 27, 1992
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Compensation: $85,000
(District court jury award)
|
Claim: Exacerbation of asthma; emphysema (chronic obstructive lung disease).
Psychologist at community health centre. Prolonged exposure at work.
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1992
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Julian Tagell v Victorian Office of Corrections
|
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Victorian County Court, 25 June 1992
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Compensation: out-of-court settlement, amount undisclosed
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Claim: Aggravation of asthma, respiratory tract infections, other symptoms
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|
1992
|
William Stewart v Victorian County Court
|
Victoria
|
|
Victorian County Court, October 1992
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Compensation: out-of-court settlement, amount undisclosed
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Claim: Impaired respiratory function, emphysema, asthma
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|
1992
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Gill v Electricity Trust of South Australia
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South Australia
|
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South Australian Workers’ Compensation Review Panel, No. 94-0103
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Compensation: $19,981
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Claim: Reduced ventilatory capacity
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|
1994
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Unnamed v radio station 3RRR
|
Victoria
|
|
|
Compensation: out-of-court settlement believed to be some thousands of dollars
|
Claim: Contraction of pneumonia
|
|
1994
|
John Waters v VicRoads
|
Victoria
|
|
Melbourne Magistrates Court, Feb 1994
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Compensation: out-of-court settlement, amount undisclosed
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Claim: Asthma; challenge to Workcover benefits
|
|
1994
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Nurse’s aide (unnamed) v Victorian Public Hospital (unnamed)
|
Victoria
|
|
|
$4,000 out-of-court settlement
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Claim: Conjunctivitis;
Workcare claim for medical expenses, pain and suffering
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|
1994
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Redmond Baxter v Victorian Office of Corrections
|
Victoria
|
|
Victorian County Court, June 1994
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Compensation: out-of-court settlement, amount undisclosed
|
Claim: Respiratory condition, headaches, nausea
|
|
|
Beasley v P&O Cruise Lines
|
New South Wales
|
|
NSW Local Court
|
Compensation: settlement of $3500
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Claim: Misleading conduct—smokefree areas claimed in a promotional brochure not enforced on a cruise ship
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|
1995
|
Leonie Cameron v Qantas Airways Limited
|
New South Wales
|
Common law negligence
Misleading and deceptive conduct
Unconscionable conduct
|
Federal Court of Australia
|
Various monetary damages awarded ranging from $50-$750
|
Claim: Misrepresenting ‘non-smoking’ seats but exposed to secondhand smoke.
|
|
1996
|
Leonie Cameron v Qantas Airways Limited
|
New South Wales
|
As above (on appeal)
|
Full Court of the Federal Court of Australia
|
Damages awards set aside on appeal
|
As above
|
|
1997
|
Koliha v Coles Myer
|
Victoria
|
|
Victorian County Court
|
Compensation: settlement of $20,000
|
Claim: Damages for smoke exposure in a shopping centre
|
|
1997 / 2000
|
Meeuwissen v Hilton Hotels of Australia Pty Ltd
|
|
Discrimination
|
Human Rights and Equal Opportunity Commission, complaint Nos H97/50 & H97/51; 25 September 1997 and 10 March 2000
|
Compensation: $2000 and $500
|
Claim: Discrimination under the Disability Discrimination Act 1992 (Cth).
Patron forced to leave nightclub due to asthma attack.
|
|
2000
|
Andrea Bowles v Tien Tien Cafe Bar
Also referred to as
Bowles v Canton Pty Ltd
|
Victoria
|
Common law negligence
Occupier’s liability (statutory)
Breach of contract
|
Melbourne Magistrates Court, 13 September 2000
|
Compensation: over $7,600
|
Claim: Breach of contract/agreement, breach of duty of care and occupiers liability.
Patron sued restaurant.
|
|
2001
|
Sharp v Stephen Guinery t/as Port Kembla Hotel & Port Kembla RSL Club
|
New South Wales
|
Common law negligence
|
[2001] NSWSC 336
|
Compensation: Award of $466,048, including a settlement of $166,00 against another employer defendant prior to the award
|
Claim: Laryngeal cancer. Exposed during employment.
|
|
2005
|
Edge v WorkCover Corporation SA
|
South Australia
|
|
|
Compensation awarded. Sum undisclosed.
|
Bar worker exposed to ETS for 3 years. Non-smoker. Tongue cancer, partial removal of tongue, years of radiation therapy, speech therapy.
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