Category

Employment Law
Wearne v State of Victoria [2017] VSC 25 Dixon J The plaintiff was employed by the defendant as a case manager responsible for youth welfare in the criminal justice system. Between February 2007 and November 2008, the plaintiff claimed she was exposed to bullying and harassment by a supervisor and as such exacerbating her pre-existing...
Read More
Pere v Central Queensland Hospital and Health Service [2017] QDC 2 Butler SC DCJ The plaintiff claimed negligence and assault by his co-workers as a result of taking a blood sample without his consent and watching him provide a urine sample. As a consequence, the plaintiff claimed for psychiatric injuries. Both liability and quantum were...
Read More
Reproduced with permission of Corrs Chambers Westgarth lawyers By Simon Billing (Partner), Courtney Fiddian (Senior Associate) & Thalia Botsis (Graduate Lawyer) Is swearing ever appropriate in the workplace? Six recent cases suggest that the line between what is and is not appropriate is becoming increasingly blurred.   When it comes to swearing in the workplace, context is key. Employers...
Read More
State of New South Wales v Shaw [2015] NSWCA 97  HEADNOTE – [This Headnote is not to be read as part of the judgment] In 1999, Mr Shaw and Ms Salt (the respondents/cross-appellants) were appointed as probationary teachers assigned to the Bourke Public School. The State of New South Wales (the appellant/cross-respondent) was deemed to...
Read More
Gramotnev v Queensland University of Technology [2015] QCA 127 I refer to the earlier posting wherein McMeekin J’s decision was in the main upheld, save whether the policy regarding disciplinary action for misconduct and serious misconduct contained contractual terms, which Jackson J found it did (Margaret McMurdo P and Holmes JA agreeing): [3] The question...
Read More
Tattsbet Limited v Morrow [2015] FCAFC 62 Jessup P with whom Allsop CJ and White J agreed: [6]   The respondent to this appeal from the Federal Circuit Court, Sharyn Morrow, for many years operated a shopfront betting agency for the appellant, Tattsbet Limited, at Logan Central. On 10 November 2011, the appellant summarily terminated that...
Read More
Perrins v Woolworths Limited (Unreported, District Court of Queensland, Botting J, 24/04/2015) The plaintiff was an employee of the defendant business and sought damages for pure psychiatric injury as a result of workplace bullying. Specifically, the plaintiff was twice offered management training with the view that he would then be considered for a management position...
Read More
Bunning v Centacare [2015] FCCA 280 On a strike out application Judge Vasta found that sexual behaviour and in particular, polyamorous behaviour is not akin to sexual orientation. The strike out application was allowed. David Cormack – Brisbane Barrister & Mediator
Read More
Rikihana v Mermaid Marine Vessel Operations Pty Ltd [2014] FWC 6314 Rikihana (“the applicant”) was employed as a “wharfie” by Mermaid Marine Vessel Operations and was dismissed after repeatedly using offensive language. The FWC’s position on this case reinforces that even though swearing was a part of the culture at the dock, there is a...
Read More
Bowker v DP World Melbourne Limited [2014] FWCFB 9227 Since 1 January 2014 a worker as defined in the Work Health and Safety Act (Cth.) for which there are analogous provisions in Queensland (excepting most notably Qld Public Servants), may apply to the Fair Work Commission (FWC) under s.789FF(1)(b)(i)) of the Fair Work Act 2009...
Read More
1 2 3 10

Recent Comments

    Categories