Month

December 2014
Harbour City Ferries Pty Ltd v Toms [2014] FWCB 6249 The employer dismissed the Mr Toms the respondent because of his serious misconduct, namely attending work and testing positive to marijuana in contravention of their zero tolerance policy on drugs. The circumstances in which this became known followed a crash of the ferry Marjorie Jackson...
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Romero v Farstad Shipping (Indian Pacific) Pty Ltd [2014] FCAFC 177 The appeal was confined to a narrow issue of whether the employer’s policy formed part of the contract of employment or was merely aspirational. The court (Allsop CJ, Rares J and Mckerracher J) found it was and had not been complied with. The consequence...
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Conflict in the workplace is not uncommon. The recent unfair dismissal appeal decision of Jacqueline Lumley v Bremick Pty Ltd Australia T/A Bremick Fasteners [2014] FWCFB 8278 by the Full Bench of the Fair Work Commission (FWC) serves as a useful example of how a workplace disagreement may be considered and justified. This case covers...
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Cowen v Bunnings Group Limited [2014] QSC 301 The plaintiff claimed against her employer Bunnings for her exposure to opened bags of Rooster Booster chicken manure. The bags of fertiliser had broken and the contents, which were ordinarily moist became dusty in the exposed sunlight and heat. The plaintiff was required to clean up the...
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Reitano v Shearer [2014] QCA 336 Holmes JA delivered the judgment with whom Fraser JA and Philipides J concurred. Liability was not in issue for the motor vehicle incident. The Appellant/Plaintiff was 17 years of age at the time and sustained a prolapse at her T10-11 in the context of advanced pre-existing degeneration in her...
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Qantas Airways Limited v Fisher [2014] QCA 329 Refer to the earlier posting. Henry J delivered the judgment with Mullins J and Muir JA concurring. The Decision Below [11] The learned trial judge favoured the preponderance of expert opinion as to the nature of the injury occasioned to the respondent in the incident. He found...
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I’ve developed a new subscription service, which automatically provides weekly email updates of District, Supreme and Court of Appeal decisions as they are released. If this of interest – subscribe at: http://eepurl.com/2Rcn9 David Cormack – Brisbane Barrister & Mediator
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Argos Pty Ltd v Corbell, Minister for the Environment and Sustainable Development [2014] HCA 50 (10 December 2014) I refer you to the judgment summary. David Cormack – Brisbane Barrister & Mediator
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Haylett v Hail Creek Coal Pty Ltd & Anor (No 2) [2014] QSC 280 I refer to my earlier post and McMurdo J’s decision and note on its second attempt, this time before Dalton J, again r.46 of the Coal Mining Safety and Health Regulation 2001 (Qld), was not complied with. Namely, that the medical...
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Little v McCarthy & Anor [2014] QSC 274 Liability was admitted for the motor vehicle incident. The plaintiff claimed for soft tissue injuries to his lower back. The injury was relatively minor with Dr Pincus assessing 0% impairment and Dr Campbell 6% under the AMA guidelines. McMeekin J allowed an ISV 6 and $9,000 in...
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