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  • Article

    Industrial action before bargaining commences – the JJ Richards case

    Discussion of the JJ Richards Case and its affect on Industrial actions
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Is urine drug testing allowed at Endeavour Energy?

    After expert evidence, FWA determined that on-site drug testing should be by the use of saliva swabs / oral fluid.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    OHS penalty for avoidable workplace death

    Discussion on the Inspector Maynard v Byrne Group Management Pty Ltd Case.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Sacking upheld as fair by full bench

    Full Bench of Fair Work Australia has upheld the decision of Deputy President Hamilton to dismiss an unfair dismissal application.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Sexual harassment claims: When are employers liable?

    Both the harassing employee and the employer (by way of vicarious liability) can be liable in sexual harassment claims.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Two year restraint agreement can be enforced

    HRX Holdings sought to restrain its former co-founder for the period of time as set out in his contract of employment.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Unfair dismissal decision: Davies v Hip Hop

    Backstabbing worker awarded compensation for dismissal.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    When terminating an injured worked is not unfair

    Injured worker's employment was terminated because of his inability to perform the inherent requirements of his job.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Assessment of Dependency Damages Where Deceased Died in Domestic Airline Crash

    The plaintiff was engaged to Ms Sally Urquhart (‘the deceased’) who was killed when the aircraft in which she was a passenger crashed in far north Queensland, in 2005. The plaintiff’s claim for pecuniary loss was brought pursuant to the Civil Aviation (Carriers Liability) Act 1964 (QLD).
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    Frisbo Holdings v Austin: Failed Recovery Proceeding

    The Supreme Court of NSW has held that the defendant to a personal injury claim relating to a poolside accident which settled for $1.5 million could not recover any compensation from the designer and builder.
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    When will courts permit video link evidence?

    NSW courts are generally reluctant to allow evidence by way of video link where the evidence is central to a case
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    Road Safety Remuneration Bill 2011 (Cth)

    The Bill applies to road transport drivers, employers, hirers and other participants in the road transport industry.
    AustraliaTransport
    Moray & Agnew
    Moray & Agnew
  • Article

    To pay or not to pay: the new dividend payment regime and what it means for your company

    The Corporations Amendment ("Corporate Reporting Reform") Act 2010 ("Act") commenced on 28 June 2010. The package of reforms contained in the Act and its accompanying regulations change the company reporting and dividend framework in Australia.
    AustraliaCorporate/Commercial Law
    Moray & Agnew
    Moray & Agnew
  • Article

    Council’s tree preservation policy vindicated noting ss43 and 43A of the Civil Liability Act 2002

    The plaintiff alleged that at all material times Council had the responsibility for the care, control and management of processing tree reservation order applications and / or applications for trees to be removed or made safe in the Lake Macquarie City Council area. The matter involved a tree located on private land in the ownership of the second defendant, the NSW Land and Housing Corporation.
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    Insurance - Commonwealth Steel Company Limited v Certain Underwriters at Lloyds [2010]

    This case considered the question of whether more than one policy can respond to provide cover to an insured when the injury is caused by exposure to a pathogen during a succession of policy periods.
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    Legal Directions: National consumer protection legislation

    The Federal Government has introduced a new national consumer credit regime. The purpose of the regime is to transfer responsibility for regulation of consumer credit to the Commonwealth - The National Consumer Credit Protection Act 2010.
    AustraliaConsumer Protection
    Moray & Agnew
    Moray & Agnew
  • Article

    Employment as a substantial contributing factor; Workers Compensation

    A discussion of the Van Wessem v Entertainment Outlet Pty Ltd case.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Deceptive and misleading conduct claim by executive against Linfox rejected

    The Federal Court recently dismissed a case brought by a former business manager against Linfox.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Employer escapes vicarious liability for taking 'reasonable steps' in sexual harassment claim

    The employer was not vicariously liable for the actions of its male employee who sexually harassed a female colleague.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Employer fined for punching union member

    Discusses a recent case brought by the TWU against the former Director / Manager of a trucking company.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew

Showing 61–80 of 262 results

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