Author: Sarah Cappello

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Mental Health Issues And Dismissal

The case of Finnegan v Komatsu Forklift Australia Pty Ltd (2017) illustrates the importance of addressing mental health issues becoming entwined with the workplace. In this case, an employee’s poor sales performance resulted in him being placed on a performance improvement plan under a new manager. However, the relationship between…

Refusal To Attend Investigation Interview Reasonably Leads To Dismissal

Khoder Abdulrahim v QBE Management Services Pty Limited (QBE) (2016), Mr Abdulrahim was a QBE employee and purchased a discounted motor vehicle insurance policy for his father’s car under QBE’s employee insurance program. Mr Abdulrahim made an insurance claim on behalf of his father, with the repairs for the vehicle…

Cautious Approach Required For Dismissal Based On Incapacity

In Maharaj v Northern Health (2017), a nurse suffered a car accident and was unfit for work for nearly 16 months. Her employer then terminated her employment on the basis that she had “significant restrictions” on her ability to perform her pre-injury job, or alternatively, that she was likely to…

Wrongful Dismissal May Impact Post-Employment Restraints

In Crowe Horwath (Aust) Pty Ltd v Loone (2017), the Victorian Court of Appeal confirmed that a restraint clause is not enforceable against an employee whose employment ends by the employer’s wrongful conduct. The employee was employed as an accountant, more specifically as a “Managing Principal”. The employment contract included…

Uncertainty of Dismissal – Worker Was Not Dismissed

The worker was employed as a full-time seasonal employee. He was working as part of the employer’s ski patrol team on a seasonal basis for 13 consecutive winters and prior to that worked for the employer as a volunteer member of the ski patrol team for two seasons. His employment…

Discretionary Trusts

If you have a family trust which owns or is purchasing residential land in NSW you may need to amend your trust deed to avoid a land tax and stamp duty surcharge applicable to foreign persons. On 21 June 2016, the NSW state government introduced surcharge purchaser duty and land…

Introduction to Medical Negligence Claims and Complaints for Clinicians – Mitigating and Limiting Risk Factors of Practice

This article will attempt to provide a guide to clinicians, whereby they can actively limit their risk to medico-legal claims and complaints through very simple day to day activities. This article will focus on clinicians within the New South Wales jurisdiction, but is applicable to all clinicians within Australia.