Victoria or New South Wales? A question of applicable law24 January 2018 | Insurance & Health Law
This New South Wales Court of Appeal decision considers whether Victorian law governs motor accident claims which relate to injuries suffered in NSW for which compensation is payable under the Victorian workers compensation scheme. In Issue Whether...
Employee awarded significant damages as a result of employer’s repudiatory conduct29 November 2017 | Insurance & Health Law
An employee is entitled to damages when an employer repudiates an employment contract. When assessing damages, the court will compare the financial position the employee would have been in if the employer had not engaged in the repudiatory conduct against
Shadow lawyers and representation in the Fair Work Commission29 November 2017 | Insurance & Health Law
A recent decision by a Full Bench of the Commission has now clarified that permission for lawyers and paid agents to represent a client in a matter before it extends to out of court activities as well (including preparing applications and making...
The importance of specifying a ‘particular time’ for employment termination to take effect29 November 2017 | Insurance & Health Law
This case concerned an employee who was given a written notice of dismissal during his probationary period of employment which did not specify the precise date for termination of his employment. Because of the failure by the employer to specify the...
Dismissal for allegedly failing to fit a work culture constituted unlawful discrimination29 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.
Seemingly innocent statements expose employer to claims29 November 2017 | Insurance & Health Law
Maxutova was employed by Nunn Media as their Head of Strategy. During her probationary period, Nunn Media terminated Maxutova on the basis that her work did not meet their required standards, citing several marketing projects in which her performance was.