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  1. Full Court held all “strands in a cable” to be considered when assessing circumstantial evidence

    22 July 2020 | Insurance & Health Law

    The Full Court found an electricity supplier negligent based on multiple breaches of duties of care without establishing a particular breach of its duty of care had caused the damage. In Issue: Where there are multiple breaches of duty and damage results...

  2. Decision to dismiss employee for incapacity upheld despite conflicting medical opinion

    22 June 2018 | Insurance & Health Law

    The employee was dismissed on medical grounds for his inability to fulfil the inherent requirements of his employment. In finding that the employee had not been unfairly dismissed, the Fair Work Commission held that when determining incapacity, the...

  3. Employer liable for indirect discrimination arising out of increased workload despite employee’s failure to disclose pre-existing disability

    23 March 2018 | Insurance & Health Law

    A decision by the Victorian Civil and Administrative Tribunal upholding a claim for indirect discrimination by the Victorian justice department in imposing an oppressive workload on an employee suffering from diabetes, rendering his condition unstable in...

  4. Dismissal for allegedly failing to fit a work culture constituted unlawful discrimination

    29 November 2017 | Insurance & Health Law

    This case concerned the dismissal of an employee on the grounds that he did not "fit the culture" of the workplace. The employer was found to have unlawfully discriminated against the employee as their real reason for dismissal was based on his...

  5. Full Court reverses finding of negligence against a farmer and fencing contractor due to lack of evidence

    3 October 2017 | Insurance & Health Law

    MAIB fails in recovery action against property owner and fencing contractor. In Issue Whether the appellants breached their duty of care The standard of care required of each appellant The Background In June 2008, a gudgeon pin detached from a gate post...

  6. Full Court of Appeal upholds dismissal relating to controversial social media comments

    26 May 2017 | Insurance & Health Law

    ADF decision to terminate employment of officer for homophobic comments published on social media did not amount to unfair dismissal. In Issue Whether the decision to terminate the service of an ADF officer was invalid by reason of the implied...

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