The case highlights the importance of proper drafting of contractual clauses if they are relied upon at a later time.

A look at increases in employment obligations with the new financial year

In the March 2009 edition of Legal Directions, we reported on the decision of the Western Australian Court of Appeal in the above case. Parts of the Court of Appeal’s decision have now been appealed to the High Court which delivered its judgment on 2 December 2009. The decision of the Court of Appeal has been upheld with the High Court finding that ‘other insurance’ clauses are void only where the insured is a party to the other insurance contract and that parts of an ‘other insurance’ clause wh

The NSW Court of Appeal has reaffirmed the principles in Leighton v Fox in relation to the standard of care required of principals with respect to injuries suffered by employees of their contractors.

Most Australian employers now fall under the jurisdiction of the Fair Work Act 2009 and must apply the minimum safety net provisions of the National Employment Standards and the applicable Modern Award. With the Fair Work Act 2009 implementation process having reached the the introduction of monetary rate provisions of Modern Awards, it is timely to remind employers of their obligations in a complex but fundamental and necessary area of business management.

FIRB approval is no longer needed for renewals or material lease variations if the tenant has held a similar interest.

Following the Kirk decision handed down in early February, the Industrial Court has witnessed hearings in another case seeking to alter the accepted principles of Occupational Health and Safety prosecutions in NSW.

Drunk employee dismissed by employer, but reinstated by FWA.

The plaintiff was employed by the second defendant, Adecco Pty Limited, a labour hire agency. At the time of the accident his services had been hired to the first defendant, CSR Limited, a building materials manufacturer.

Parties may be found proportionately liable for losses caused by other parties when they could prevent those losses.

Unfair dismissal claim upheld despite the applicant's claim that he had not been accorded procedural fairness.

Some employment contracts include restraints on activities in a particular area or for a period after employment.

Employee claimed he had been sacked unfairly after he turned up for work in what seemed to be a drunken state. state.

New South Wales is the first State to seek to manage this complex issue of risks to psychological health in workplaces.

Past employment record and personal circumstances sufficient to justify reinstatement.

The summary dismissal of an employee whose work was affected by recreational drug taking was not an unfair dismissal.

Gary Black v The Commonwealth of Australia (Department of Defence) [2011] FWA 293 (14 January 2011)

A look at the legal consequences of the new national workplace health and safety regime.

This case highlights that the paramount consideration in determining whether a claim falls within the terms of a policy is the nature and not the form of the claim.

The Supreme Court of NSW has confirmed that questions of dual insurance are to be answered by reference to actual crystallised liabilities.