the defendant must adduce proofs that raise a “more probable than not” inference in favour of what it urges; there must be a reasonable and definite inference available on the whole of the evidence; there must be something more than conflicting inferences of equal degrees of probability. And in assessing whether the defendant has satisfied its obligation, the Court must take into account the gravity of the matters alleged….
A Federal Court ruling has found that an employer engaged in misleading and deceptive conduct during pre-employment negotiations and awarded the employee $333,422 compensation by way of loss and damage.
Where an employee engages in conduct that an employer considers not only justifies dismissal but warrants summary dismissal, it is important to consider whether summary dismissal could make the termination harsh, unjust or unreasonable.
TweetIn Daniel Starr v Department of Human Services,1 Mr Starr had been employed by the Department of Human Services (Department) as a frontline Centrelink customer service officer for more than 20 years before his dismissal for posting negative, inappropriate, and derogatory comments about the Department and its customers on social media platforms outside of working […]
TweetNational Australia Bank Ltd v Rose  VSCA 169: Consumer Guarantors In the case of National Australia Bank Ltd v Rose  VSCA 169, delivered on 21 July 2016, the Victorian Supreme Court of Appeal determined that National Australia Bank did not properly inform a customer who went guarantor for $8 million in loans, meaning he would not have […]
It is understandable that a company headhunting prospective employees may be inclined to make statements that suggest working for their organisation will be lucrative. However, a company should exercise caution when making statements about its financial position and conveying forecasts about its future profitability and job security. This is especially important when recruiting high-level employees whose remuneration is not fixed and depends on the profitability of the company.
This legislation introduces a number of changes to the regulation of building work in Victoria and aims to enhance consumer protection for domestic building work. Some of these changes will come into effect on 4 July.
TweetIn a recent case before the New South Wales Supreme Court, an employer has been successful in securing an injunction against an employee. The employee has been restrained from departing from his contractual obligations until 11 September 2016. Facts The case of BCG Partners (Australia) Pty Ltd v Hickey  NSWSC 90 involved a senior […]
An undischarged bankrupt, and serial vexatious litigant, registered a financing statement on the Personal Property Securities Register (PPSR) claiming a security interest over all the property of the Bank.