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Employment

Not so sunny – Cleret v Sunshine Coast Regional Council [2016] QSC 208

A claim against Sunshine Coast Regional Council for misfeasance in public office, trespass and negligence; Do councils and statutory authorities owe a duty of care to ensure officers’ act within power? Mr Cleret was the owner and operator of a resta...

Published by McCabes News
30 September, 2016
Employment

Let’s talk about death – who owns my body?

Last month we opened up the discussion about death by discussing the projected death rate in Australia and the importance of keeping your will up to date.  In this article we consider a problem that can arise after your death – that is, who ...

Published by Terry McCabe
27 September, 2016
Employment

Let’s talk about death – death in contemporary Australia

One of McCabes embedded values is courage and to openly talk about death requires courage.  Given the number of deaths in Australia is projected to double over the next twenty years, we think the time for courage is upon us.  With this in mind, the a...

Published by Terry McCabe
29 August, 2016
Employment

The price of perjury: Fair Work Commission awards indemnity costs against lying applicant

In the recent Fair Work Commission (Commission) decision of Mr James Green v Toll Holdings Ltd [2016] FWC 2790, an employee was ordered to pay his employer’s costs after running away from his own unfair dismissal he...

Published by McCabes News
24 August, 2016
Employment

Section 5D(2) of the CLA: another “non-exceptional” case

The New South Wales Court of Appeal in the case of Carangelo v State of New South Wales [2016] NSWCA 126 (Carangelo) recently considered the application of section 5D(2) of the Civil Liability Act 2002 (NSW) (

Published by McCabes News
1 June, 2016
Employment

National minimum wage increase – 2016

Australians being paid the National Minimum Wage (NMW) will see an increase of $15.80 per week or 2.4% in wages as a result of the Fair Work Commission (FWC) releasing their annual wage review decision on 31 May 2016...

Published by McCabes News
1 June, 2016
Employment

Keeping an open mind in misconduct investigations

Forming a view during an investigation as to the significance of findings and likely sanctions against an employee is just common-sense. A recent decision of the Full Bench of the Fair Work Commission (the Full Bench) has further cla...

Published by McCabes News
10 May, 2016
Employment

The Senate’s double ‘disillusionment’

On 18 April the Senate finally voted to abolish the Road Safety Remuneration Tribunal (RSRT) and repeal the Road Safety Remuneration Act 2012 (Cth). The Bill abolishing the RSRT and repealing the Act received Royal Assent on 19 April, which ...

Published by McCabes News
10 May, 2016
Employment

Sahade v Bischoff [2015] NSWCA 418

On the afternoon of 21 May 2012 there was an altercation between Mr Sahade and Mr Smith (the appellants) and Mr Bischoff (the first respondent) at a property where Mr Sahade, Mr Bischoff and Mrs Bischoff (the second respondent) occupied separate resi...

Published by McCabes News
25 February, 2016
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