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101 articles are classified in All Articles > Legal > Common law


Deliberate dishonesty justified instant dismissal: Federal Court

A five-member bench of the Federal Court has ruled that a company was entitled to summarily dismiss an executive employee for serious misconduct that destroyed the relationship of trust between them, even though it had moved earlier to terminate his employment on six months' notice.

Bungled HR investigation breached contract: Full court

A shipping company breached an officer's contract of employment and failed to follow its discrimination policy when it conducted a flawed investigation into alleged bullying by her captain, a full Federal Court has ruled.

Employee's "flagrant" copyright breach costs him $50,000

A software engineer breached his employment contract, his equitable duty of confidence, the Copyright Act and the Corporations Act when he downloaded more than 380,000 of his employer's files onto a hard drive, just before he resigned, a court has found.

Employer not liable for Christmas party king-hit

A court has ruled that a company did not breach its contractual duty of care for an employee who was injured in an assault during a Christmas party cruise.

Victorian IR Minister briefs HR Nicholls Society on the "rule of law"

Senior Victorian Government Minister Robert Clark has told the HR Nicholls Society that he has drawn on all three of his portfolios to combat bad behaviour in the building industry and has flagged changes to strengthen the guidelines for contractors seeking state government work.

Reasonable notice payout lifts employee's damages over $1m

A financial controller sacked by a global shipping company will recover more than $1m after a court ruled she was entitled to ten months' notice of termination of her employment and long service leave based on her full salary package.

Court throws out hurt and humiliation claim

A former sporting association CEO has failed in his second attempt to win a damages payout for the hurt, distress and loss of reputation caused by his mid-season sacking.

Court orders sacked CFO to return company documents

The Federal Court has ordered a chief financial officer to hand back business records he intended to use in a general protections claim against his former employer, finding a "strong prima case" that by hanging onto them he had breached his contract of employment and corporations law.

Serial fraudster pockets nearly half a million

In what four judges agree is an "extraordinary case" involving a "spectacularly bad witness" and a "serial fraudster", a Swan Hill shop assistant will keep almost half a million dollars in back pay and interest after a full Federal Court confirmed that she had not agreed to work for nothing.

Lawyer loses adverse action, bullying case

A court has found that a law firm acted quickly to investigate claims of harassment by one of its solicitors and was entitled to treat emails from her stating that the employment relationship had broken down as a resignation.