Oaks Hotels & Resorts Limited v Knauer [2018] QCA 359 Fraser and Gotterson JJA and Bond J Further to the earlier posting regarding the Industrial Court decision, Ms Knauer pursued her former employer through the Queensland Civil and Administrative Tribunal (QCAT). In the Industrial Court appeal, the issue was whether the injury satisfied the definition in...Read More
Trolan v WD Gelle Insurance and Finance Brokers Pty Ltd [2014] NSWDC 185 An example of the cost of such claims, especially in lost income and future lost earning capacity: $285.000.00 for past loss and $353,812.00 for the future (15 years). David Cormack – Brisbane Barrister & MediatorRead More
JK v State of New South Wales [2014] NSWSC 1084 Scott Cowell Partner Moray Agnew Overview The State of New South Wales (the State) successfully argued before the New South Wales Supreme Court (judgment delivered 14 August 2014) that QR (the teacher) should make a substantial contribution towards a consent judgment (the settlement) the State...Read More
Vergara v Ewin [2014] FCAFC 100 The trial finding by Bloomberg J included substantiation of the allegation of a contravention of s 28B(6) of the Sex Discrimination Act 1984 (Cth) of unwelcomed sexual intercourse, including: kissing; touching and stroking of the respondent’s body, her breasts and genitalia, which in all the circumstances, a reasonable person...Read More
Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 is of interest. It is an appeal decision following a decision pursuant to s 46PO(4)(d) of the Australian Human Rights Commission Act 1986(Cth) for sexual harassment at work. For similar matters (Anti-Discrimination Act 1991 (Qld) s.209 (1)(b)) or those matters where common law general damages are...Read More
Cooper v. Western Area Local Health Network [2012] NSWADT 39 The decision by the NSW Administrative Tribunal regarding s.77 of the Anti-Discrimination Act 1977 (NSW) is of interest in their finding that the employer was not liable for the once off conduct of Mr Locke an employee who provided a colleague with sexually explicit material....Read More
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