Does out-of-hours contact by an employer to an employee amount to workplace bullying?

Case: Ms A [2018] FWC 4147 Area of Law: Employment – Application for an order to stop bullying Act: Section 789FC Fair Work Act 2009 (‘the Act’) Note: Names of parties and business have been altered in order to facilitate the continuation of an on-going safe and productive working relationship between the parties. Story  Ms … Read more

Can an employee with a medical condition be dismissed?

Employers need to be mindful of their obligations under the Fair Work Act when responding to employees with limited capabilities because of various medical conditions. This was especially noted in the recent 2019 Fair Work case of Carley Jack v Sigma Healthcare[1]  wherein the court considered whether an employees termination was reasonable in light of … Read more

Who checked the back of the truck?

Case Note: Nominal Defendant v Garside & Ors [2019] QCA 270 Early in the morning on 25 November 2014 Glenn Garside was riding his motorcycle along Gregory Highway – at approximately 100kph. He was travelling behind a bus, which was travelling behind a truck. When he felt it was safe to, Mr Garfield moved into … Read more

Lease Dispute, rent and QCAT

A Lease Dispute case note: Fu Manchu Dining Pty Ltd V SP (QLD) Pty Ltd [2019] QCAT 394 The Facts Fu Manchu Dining Pty Ltd (applicant) entered into a lease on 1 November 2015 with SP (QLD) Pty Ltd (respondent) to operate a restaurant from premises owned by the respondent. The applicant claimed: Rental offset … Read more

What happens if I intentionally injure someone in order to protect myself and/or my family?

Case: Corowa v Winner & Anor [2019] QDC 135 Background On the 14 September 2009 Brenton Winner deliberately drove his vehicle onto the footpath and over the right foot of Isaiah Corowa in order to protect his fiancée and grandmother from being physically and verbally attacked. Corowa was taken to hospital and suffered four separate … Read more

Cyber-security and Legal Risks

In January 2020, Allianz published the results of their annual Risk Barometer survey[1], which identified cyber incidents as (for the first time ever) the most important global business risk. It affirms cyber-security issues increasingly taking precedent as a concern for businesses.  Under the header of this risk, Allianz reported the following trends which are of … Read more

A “Gentlemen’s Agreement’ : Will a handshake agreement release me from my obligations as guarantor?

The recent case of Harburg Nominees Pty Ltd & Anor v Deen [2019] QSC 291, highlights the weight courts will give to consistent evidence, reliable testimony and surrounding circumstances when considering whether an alleged representation has actually been made. In this case the Court found against the defendant who claimed he was not liable under … Read more