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Legal Win for Wharfie WidowsDate: 02 August 2001
Widows of Australian waterside workers killed by exposure to asbestos will benefit after a breakthrough settlement for 11 women in Melbourne, yesterday. The settlement recognises the economic value of the work their husbands did at home. Previously a widow's claim was not viable if her husband died over the age of 65 or earlier, unless he was working at the time of diagnosis. This was because compensation for dependents under Victorian law was in part based on their earnings at the time. Eleven women - one in Canada, one in Queensland and nine in Melbourne sued the federal government body Stevedoring Industry Finance Committee, James Hardie and CSR. The defendants settled the cases late yesterday on confidential terms. Lawyer Suzanne Sandford of Slater and Gordon says the decision is a breakthrough for hundreds of women who have suffered hardship since their husbands died, as long as 20 years in some cases. "Until these cases, the courts and the defendants had not recognised the substantial contribution that non working men make at home - mowing lawns, home maintenance, driving, painting, gardening," she said. "Since their husbands' deaths, many of the widows have seen their houses fall into disrepair because they cannot manage them alone, or because they are under financial strain having to pay others to do the work their husbands previously did. "This contribution was substantial. According to the Australian Bureau of Statistics, men over 65 spend an average of 19.5 hours per week on domestic services. "Now the widows of waterside workers whose lives were tragically shortened by dangerous workplace conditions - in particular their exposure to asbestos - will not suffer further hardship after prematurely losing their husbands." For more information: Suzanne Standford, Slater & Gordon: (03) 9602 6888
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© 1997-2002 LaborNET is a resource for the labour movement provided by the Labor Council of NSW 10th Floor, 377-383 Sussex Street, Sydney NSW 2000 Ph: (02) 9264 1691 Fax: (02) 9261 3505 http://www.labor.net.au/news/1210.html Last Modified: Tuesday, 15-Nov-2005 18:34:53 EST
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