An employee expressing an intention to resign is not a resignation Copy
The employee stated that on 6 February 2023, his employer’s General Manager told him to the effect that he was fired after experiencing conflict in the early morning. The...
Read MoreIf in a contract/agreement you require an action by a specific date , then make it clear and in writing
In Lobster & Co Trading Pty Ltd v Nisbets Australia Pty Limited NSWSC 1179 (29 September 2023) the Supreme Court had to decide if there was an agreement...
Read MoreConstructive dismissal requires a serious breach of the employment contract by the employer, not just doing something the employee finds challenging
Application to deal with contraventions involving dismissal – jurisdictional objection – whether the applicant was dismissed from her employment – forced resignation – complaint by the applicant of bullying...
Read MoreThe High Court’s Qantas decision does not preclude outsourcing
The recent High Court of Australia decision in Qantas Airways Limited v Transport Workers Union of Australia confirms that an employer is prohibited from taking adverse action against an...
Read MoreInterpreting, or identifying, the terms of an oral contract, or a partly oral and partly written contract.
The saying “an oral contract is not worth the paper it’s written on”, has some merit but is not correct. An oral contract, just like a written contract, is...
Read MoreWhat are the rights of the parties to a right of way, and what actions are available?
The recent decision of Clough v Breen (No. 4) NSWSC 1155 handed down on 22 September 2023 had to decide several issues between neighbours in relation to a...
Read MoreEmployee working from home dismissed – cyber activity report showed minimal keystrokes
An employee working from home almost permanently was dismissed for misconduct. The employer alleged that the employee failed to work as required during October to December 2022. The employer...
Read MoreAn employee expressing an intention to resign is not a resignation
The employee stated that on 6 February 2023, his employer’s General Manager told him to the effect that he was fired after experiencing conflict in the early morning. The...
Read MoreRecent cases: In the matter of Carbon Copies Composites Pty Ltd [2023] NSWSC 911 (3 August 2023)
Carbon Copies Composites Pty Ltd (the Company) was incorporated to develop, and then sell commercially, an all-electric carbon fibre aircraft known as the E75 Electron (“Aircraft”). Mr Wellington and Mr...
Read MoreWhat are the rights of the parties to a right of way, and what actions are available?
The recent decision of Clough v Breen (No. 4) NSWSC 1155 handed down on 22 September 2023 had to decide several issues between neighbours in relation to a...
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Liability limited by a scheme approved under Professional Standards Legislation