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Employment

When the connection between a student and staff member is sufficient to establish vicarious liability on the part of the school

In the matter of Erlich v Leifer & Anor [2013] VSC 499, the Supreme Court of Victoria recently considered the issue of direct and vicarious liability of a school in circumstances where a student was sexually abused by the principal. &...

Published by Stuart Windybank
28 September, 2015
Employment

Road safety remuneration tribunal makes first ruling on payments

The Order On 26 August 2015, the Road Safety Remuneration Tribunal (the Tribunal) issued the draft Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (the Draft RSRO) The Draft RSRO prop...

Published by McCabes News
28 August, 2015
Employment

Wide ranging investigation powers under WHS Act

In the case of Perilya Limited v Nash [2015] NSWSC 706, Perilya Limited (Perilya), the holding company of Perilya Broken Hill Limited (PBHL) was ordered to pay $40,000 for two offences of not comply...

Published by McCabes News
6 August, 2015
Employment

Sexual Assault: Causes of Action in Trespass and Negligence

"B" v Reineker [2015] NSW SC 949 Background The plaintiff commenced proceedings seeking damages for trespass against the defendant and for negligence against Moree Christian Community School relating to events that occurred in the period fro...

Published by McCabes News
5 August, 2015
Employment

Monitoring Contractor Compliance

The Fair Work Ombudsman (FWO) commenced proceedings against Coles due to underpayment of its trolley collectors. Coles outsourced these services to contractors who were underpaying the employees. Coles has now entered into an Enforce...

Published by McCabes News
4 August, 2015
Employment

Lawful detention and reasonable force

Justice Kaye of the Victorian Supreme Court recently considered an action for false imprisonment and assault brought by Bryan Biddle (Biddle) against the State of Victoria and three Victorian police officers. At about 10:30pm on 19 ...

Published by McCabes News
29 July, 2015
Employment

Police media statements and press conferences: Sands v State of South Australia [2015] SASCFC 36

The full court of the Supreme Court of South Australia recently considered an action for defamation brought by Derick Sands (Sands) against the State of South Australia. In 2004 South Australian Police were investigating a murder. S...

Published by McCabes News
29 July, 2015
Employment

Biddle v State of Victoria and Ors [2015] VSC 275

Justice Kaye of the Victorian Supreme Court recently considered an action for false imprisonment and assault brought by Bryan Biddle (Biddle) against the State of Victoria and three Victorian police officers.   Background At about 10:3...

Published by McCabes News
13 July, 2015
Employment

Police media statements and press conferences: defamation, breach of statutory duty and the case of Sands v State of South Australia [2015] SASCFC 36

The full court of the Supreme Court of South Australia recently considered an action for defamation brought by Derick Sands (Sands) against the State of South Australia.   Background Facts In 2004 South Australian Poli...

Published by Stuart Windybank
30 June, 2015
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