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Coles shopper loses battle for compensation in court after slipping on lettuce

A Coles shopper has lost her court battle for compensation after she slipped on a piece of lettuce at the supermarket and claimed the fall caused her knee and spinal injuries.

Kanwaleen Bhelley claimed that she suffered a whole person impairment (WPI) of more than 5 per cent following the incident at a Coles store in the suburb Wyndham Vale in May 2020.

The Melbourne woman had told a medical panel that the lower back injury meant she experienced pain after driving for an hour and did not run out of “fear” of her knee and back becoming “painful”.

She said the spinal injuries had also “reduced her attendance at concerts, general socializing, and attendance at her temple, which requires long periods of sitting”, the court judgment noted.

She sought compensation from Coles after supplying a medical report from a sports physician. But the supermarket giant rejected the report and referred the matter to a medical panel who determined Ms Bhelley’s injuries did not meet the threshold required for compensation.

Instead, the panel found Ms Bhelley had suffered age-related degenerative changes to her spine and sacroiliac joints which was associated with rehabilitation treatment of her right knee.

“She can stand for about 10 minutes before she has to stretch her back,” the panel wrote in its report.

“She can walk for about 30 minutes, (but) after about 500m she notices mild right knee pain, so stops walking to sit or stand for about 10 minutes. She can traverse stairs without difficulty, using alternate stair treads for both ascending and descending, with no lower back or right knee issues.”

The panel also ruled her condition was stable.

The 43-year-old then lodged an appeal taking her case to Victoria’s Supreme Court, alleging the panel did not apply or misapplied the guidelines used to determine her impairment.

“Mrs Bhelley submitted that, absent such error, the panel would have determined that her degree of whole person impairment resulting from her spinal injury was 5 per cent, satisfying the significant injury threshold and in turn entitling her to claim non-economic loss damages, ” the judgment read.

But Judge Andrea Tsalamandris handed down her ruling on Friday finding the panel had not erred in its assessment and dismissed her appeal.

However, she acknowledged that Ms Bhelley could still experience pain or symptoms.

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Tech companies offer lavish perks despite lay-offs

A hefty suite of employee perks remain at trendy start-ups, despite some companies recently laying off significant numbers of staff.

Melbourne link-in-bio site, Linktree, has continued its lavish offerings despite this week laying off 17 per cent of its staff – about 50 people – the Sydney Morning Heraldreported.

Remaining employees have access to above market wages and a $6000 lifestyle payment they can use on fitness items including yoga classes or a new bike.

The planned shift into a trendy new office in Melbourne’s Collingwood will also go ahead, despite the company’s forecasted growth not eventuating.

“To meet the needs of our users throughout the last year, we scaled many of our functions, made some big bets and set ambitious hiring targets to meet them. I assumed the favorable economic environment would persist into 2022,” chief executive Alex Zaccaria wrote in a blog post this week.

“Instead, conditions changed faster than expected and those assumptions I made were wrong. I have many learnings to take into the next phase of building Linktree. That next phase involves narrowing our focus on our long-term strategy by reducing roles that are no longer aligned with our roadmap.”

In support of employees likely shocked at the lay-offs, the company gave all staff a mental health day on Friday.

“For a company like ours, so focused on culture and camaraderie, this will be difficult news. I don’t expect anyone to be their normal selves. We will also be allocating you an additional mental health day that you can take at a time that suits you,” Mr Zaccaria wrote.

Elsewhere, despite a round of lay-offs at Sydney blockchain start-up Immutable, it is offering staff a bonus of up to $16,000 if they refer a new employee.

Healthcare start-up Eucalyptus, which is behind the Software, Pilot and Juniper brands, made about 20 per cent of its workforce redundant last month but has upheld its free food and drinks offering.

Online graphic design company Canva, which had its value cut by about $20 million by investors, has also maintained its free meals and will still offer its annual Vibe & Thrive allowance that employees can claim for “whatever best supports their wellbeing”.

It can be spent on anything from health memberships to celebrations, wellbeing and education.

Industry sources who spoke to the Sydney Morning Herald anonymously said companies were saving money by offering employee perks rather than increases to their salaries.

“Free kombucha is way cheaper than paying an extra $40,000 in salary to someone who wants to work somewhere cool,” one told the publication.

While labor shortages still present a threat to the technology industry, supply has crept up on demand, largely due to talented people being let go from major companies, talent marketplace Expert360’s Bridget Loudon said.

“There are more talented engineers at the moment. This is largely driven by lay-offs in the tech sector from the majors to earlier-stage companies,” she told the publication.

Industries across Australia have resorted to offering thousands of dollars in incentives to secure staff, with people in high-demand areas such as healthcare, trades, transport, retail, manufacturing and logistics receiving thousands of dollars in cash bonuses.

They range from $1000 to $15,000 across the country, with one Grill’d franchise saying it was ready to pay prospective store managers $10,000 just to sign on.

McDonald’s Chatswood store manager Rhys Taylor told the Australian Financial Reviewthat incentives were advertised on in-store posters, with the fast-food chain losing staff quicker than they could be replaced at some stores.

Last month, the Australian Retailers Association announced that the post-pandemic worker shortage had worsened over autumn.

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Rashays boss Rami Ykmour blames labor shortages for lettuce, beef price rises

The owner of a popular Sydney restaurant chain has launched into a furious “rant” about skyrocketing costs, saying he is now paying $140 for a box of lettuce and can’t afford to pass it on to his customers.

But Rashays co-founder Rami Ykmour, who made headlines during Covid for clashing with police over masks and speaking out against banning unvaccinated diners, says labor shortages – not the floods – are to blame for rising prices.

“I am disgusted, I am really disappointed with what’s going on out there, guys,” the outspoken restaurateur said in a TikTok video.

“Listen to this. We are buying a box of lettuce for $140. How much are we going to pass on to our customers? How can we pass on that expense to our customer? Even the big fast food giants have stopped serving their magic burger because this is worth, what, seven, eight bucks? One head of lettuce?

Mr Ykmour said he “can’t believe this”.

“Guys, just to get lettuce out to our restaurant is costing us so much money there is no way customers will come back if we pass on that cost,” he said, adding beef prices had also “gone through the roof”.

“And you know what they tell us? Let’s blame the floods. You know what I call that? BS,” he said.

“Do you know what the real problem is? The real problem is we’re short labour. The real problem is no one is out there to pick cos lettuce, there’s no one out there to pick iceberg. There’s no one to work in our farms, there’s no one to work in our country abattoirs. That’s why the prices have gone up, but they’re covering up for it.”

He said it was “time the government stepped in and said listen, we’re going to open the gates, we’re going to let people here and we’re going to make it easy for small business to run their business, we’ re going to let people come into the country and work here”.

“Guys, this is getting ridiculous,” he said. “Now ask for something to be done.”

Speaking to news.com.au on Friday, Mr Ykmour insisted labor shortages were responsible for price increases in production.

“I can tell you that first-hand,” he said.

“I was on a lettuce farm in Melbourne last week, they had six people on and usually they have 40 people. [The floods] did contribute in the early days, but it’s got nothing to do with what’s happening today.”

Mr Ykmour said governments needed to once again incentivize people to come to Australia to work, with something similar to the “Ten Pound Poms” scheme after World War II.

“We’re at that level now,” he said.

He said he believed border closures over the past two years had “of course” caused labor shortages, but that the issue was much broader.

“I think people just don’t want to work,” he said. “Coming off the pandemic, people are struggling.”

Recruiters have previously warned Australia is grappling with a massive skills shortage as employers struggle to fill roles.

Graham Wynn from Superior People Recruitment told news.com.au in June that he had “never seen it this bad”.

“This is the worst and most difficult it’s been to find people,” he said, adding it was “across the board”.

“Salespeople, technicians, a bit of IT we’re struggling with as well, but even the more basic roles which don’t require any experience like receptionists, we’re even struggling to find those at the moment.”

Mr Ykmour agreed, saying his business was getting hit with a “double-whammy” as a result.

“It’s [affecting] the price of produce, and we’re getting hit with staff shortages, right from the top level all the way down to waiters,” he said.

“My head office employs 60 people and we’re struggling, it’s just permanent recruitment. What used to take four weeks to find you’re now looking at three months.”

I have argued lockdowns were partly to blame for the general malaise, along with Covid itself.

“I think we’ve trained people to stay at home with lockdowns and all the rest,” he said.

“We’ve told people, listen, it’s OK to stay at home. I reckon a lot of people in the community are mentally drained on the back of the pandemic — people are finding it hard to just survive at the moment.”

Prime Minister Anthony Albanese is coming under increased pressure from the states and the business lobby to ramp up immigration to address lingering skills shortages after two years of Covid border closures.

Last year, NSW government bureaucrats urged Premier Dominic Perrottet to push the federal government for an “explosive” post-WWII-style immigration surge that could bring in two million people over five years.

NSW Skills Minister Alister Henskens last month called on the Albanese government to implement a “significant acceleration” of the nation’s skilled migration program, Australian reported.

Australia’s annual inflation rate rose to 6.1 per cent in the June quarter, figures released last week show, the fastest pace since December 1990.

According to the Australian Bureau of Statistics, the most significant contributors to the 1.8 rise in consumer prices over the quarter were new dwelling purchases, automotive fuel and furniture.

Price rises were also seen across all food and non-food grocery products, “reflecting a range of price pressures including supply chain disruptions and increased transport and input costs”, the ABS said.

Fruit and vegetable prices were up 7.3 per cent compared with the same quarter last year, meat and seafood rose 6.3 per cent, bread and cereal products were also up 6.3 per cent, while dairy and related products increased by 5.2 per cent.

“Fruit and vegetables rose 5.8 per cent [in the June quarter] due to heavy rainfall and flooding in key production areas of NSW and Queensland disrupting domestic supply,” the ABS said.

“Covid – related supply chain disruptions and high transport and fertilizer costs also contributed to the rise. Bread and cereal products rose 3.1 per cent due to constrained global wheat supply.”

The ABS noted meals out and takeaway foods also rose 1.4 per cent “due to rising input costs and ongoing supply and labor shortages”.

“Dining vouchers offered by the NSW and Victorian governments and the Melbourne City Council partially offset the rise,” it said.

“These voucher schemes have the effect of reducing out-of-pocket costs for consumers. Excluding the impact of these voucher schemes, Meals out and takeaway foods rose 2.1 per cent.”

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Mykonos restaurant owner hits back at newlyweds who were charged $850 bill

The owner of a restaurant in Greece that has been accused of scamming tourists has finally spoken out.

Dimitrios Kalamaras, owner of DK Oyster in Mykonos, has hit back at tourists’ bad reviews, claiming they’re all influencers trying to score a free meal.

DK Oyster’s TripAdvisor rating is a measly 2.5 stars accumulated from its 1455 ratings. The page is flooded with one-star accounts of people accusing the restaurant of terrible service, aggressive tactics and sneaky outrageous prices, the new york post reports.

the post previously reported a story on a Canadian couple, Lindsay Breen and her husband Alex, both 30, who claimed they were refused menus, pressured into ordering food and surprised with a shocking bill.

“Unfortunately, all of us who work in the hospitality sector have been approached by notorious ‘influencers’ who, instead of making their living by advertising products and services to their audience, they put pressure on certain businesses for exorbitant fees and free meals,” Mr Kalamaras told Kennedy News.

“In DK Oyster we have advertised in the ways we consider suitable for our restaurant and we will not succumb to the influencers who have been attracted to the beautiful island of Mykonos,” he continued.

The restaurant sits on the shores of Mykonos on the Platis Gialos beach, welcoming tourists as they explore the top tourist destination.

The owner described the spot as a “very popular destination” for people that certain influencers would like to mingle with.

But for the Breens, they were just trying to enjoy their honeymoon.

The newlywed couple – who shared the story of their $A850 bill for a beer, an Aperol spritz and a dozen oysters – claimed they were surprised by the charge because they were denied a proper menu, pressured into ordering food and provided a bill in Greek .

Mr Kalamaras denies the accusations.

“This person who is trying to get famous through Instagram posts under the name of Lindsay Breen starts with a lie,” he said of Breen, who works as a recruiter.

“She claims that she ‘repeatedly asked for a cocktail menu,’ and adds that ‘the server didn’t seem to want to provide one’. Despite that, she placed an order.

“An influencer, an experienced well-travelled person who makes a living through their experiences in the world did what most adults in the right mind would not do, ordered drinks and food from a waiter who refused to present a menu,” Mr Kalamaras insisted .

The restaurant owner acknowledged the many bad reviews on TripAdvisor making claims similar to what the Breens made, but claims they are all false.

“This false claim has been used so much against our restaurant by dozens of anonymous users on TripAdvisor, that we decided to place three huge blackboards by the entrance of the restaurant displaying the menu and the prices,” he said.

Despite Mr Kalamaras’ denial of the complaints, DK Oyster was recently fined more than $30,000 for scamming two American tourists, the Greek City Times reported.

“I thought that this way our guests, if the reviews were indeed written by actual customers, would at least have an idea regarding the range of our prices in order to be sure to check the menu thoroughly before ordering,” he said.

Lindsay and Alex claim they quickly glanced at the menu outside DK Oyster and believe the oysters were listed at €9 but later learned that the restaurant priced their menu based on items per 100g.

“So it says calamari is 29 dollars but in fine print, it will say that’s for 100g of calamari so your bill comes up to 300 euros,” she said.

But Mr Kalamaras stands by his restaurant and workers, insisting that cheap clients are ruining the reputation of the spot.

“Every time I received such a complaint, always by anonymous users through TripAdvisor, I consulted with the personnel, reminding that it is crucial for our reputation to be sure that procedures are followed carefully,” he said.

“They always assured me that they abide by the rules.”

Mr Kalamaras suggests that guests carefully browse the menu and prices before ordering.

“I cannot stop every single person entering our premises and explain the significance of such a practice,” he said.

The owner suggests that customers who are “not malevolent” should either leave or request to talk to a manager if denied a menu.

“The manager can help before ordering and consuming, not at the time they are requested to pay the charged amounts,” Mr Kalamaras said, referring to the Breens’ claims that Alex was pressured into paying the high-priced bill.

“Unfortunately, there are people on TripAdvisor, openly encouraging guests to eat, eat and drink whatever they want and then refuse to pay the bills.”

He continued: “I understand that some people may find our prices beyond their budget and I totally respect their opinion even if they do not appreciate the value of our services, cuisine, concept and experience.”

Mr Kalamaras also noted Lindsay’s claims that other local restaurateurs warn tourists about DK Oysters and noted similar claims on TripAdvisor, but he suggests that it cannot be verified and that complainers are copying each other’s grievances.

Mr Kalamaras also said that he replies to some of the TripAdvisor comments to defend the shop and the quality of their service.

“We believe that the value of the offered experience is high and we have no intention to explain why we charge more than a supermarket or a traditional taverna, which can be quite wonderful but is surely a completely different concept than ours,” he said.

This article originally appeared on the New York Post and was reproduced with permission

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