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 the pair was and the […]

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 being conducted by the panel […]

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 have “incapacity into the foreseeable […]

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 a term whereby the employer […]

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 contract for the 2016 ski […]