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High Court upholds freedom to contract casually

Posted on Categories Industrial relations Tags , , , , , , , 2 Comments on High Court upholds freedom to contract casually

The Facts

Robert Rossato was employed by WorkPac, a labour-hire company pursuant to a series of six contracts, or “assignments” between 28 July 2014 and 9 April 2018, when he retired. During that time, WorkPac provided his services to Glencore at one or other of the Collinsville and Newlands mines. Each contract was entitled “Notice of Offer of Casual Employment – Flat Rate” except for the third contract, which was entitled “Notice of Offer of Casual Employment”. At all relevant times, WorkPac treated Mr Rossato as a casual employee.

Most of the time, Rossato worked according to either a “7/7 roster” (seven days on, seven days off) or a “5/5/4 roster” (five days on, five days off, four days on, five days off, five days on, four days off). The only exceptions to these arrangements were when he undertook additional training or inductions, and during mine shutdowns. Rossato was never asked by WorkPac or Glencore whether he intended to attend work on a day he was rostered; nor did Rossato ever enquire whether he would be required to attend work on a day he was rostered.

On 2 October 2018, in reliance on the decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131, Rossato wrote to WorkPac claiming that he had not worked for it as a casual employee, and claiming that he was entitled to be paid for untaken annual leave, public holidays, and periods of personal leave and compassionate leave taken by him during his employment. These entitlements were said to be due under the Fair Work Act 2009 and the WorkPac Pty Ltd Mining (Coal) Industry Enterprise Agreement 2012, which governed Rossato’s employment.
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Sexual harassment solicitor ordered to pay indemnity costs

Posted on Categories civil litigation Tags , , , , , , , , , 2 Comments on Sexual harassment solicitor ordered to pay indemnity costs

The facts

Junior/trainee solicitor Catherine Mia Hill began working with Owen Hughes’ Bangalow based law firm Beesley and Hughes Lawyers in May 2015. The evidence showed that that he thought Hill was attractive, wanted to be in a relationship with her and that he communicated that to her.  Hughes offered to represent her in a mediation for her own family law matter, and she agreed. Continue reading “Sexual harassment solicitor ordered to pay indemnity costs”

Mark Latham to not lead evidence in defamation trial

Posted on Categories Defamation Tags , , , , Leave a comment on Mark Latham to not lead evidence in defamation trial

Former Labor leader Mark Latham will file no evidence in his defence of a defamation claim by former Greens candidate and political journalist Osman Faruqi.

Mark Latham

The Facts

Osman Faruqi, the son of Greens senator Mehreen Faruqi, is suing Mark Latham over a video.

Faruqi had earlier shared on his Twitter, speaking to Yassmin Abdel-Magied:

“The white people are getting f..ked Yas, it’s happening.”

Latham in August, 2017 said of Mr Faruqi in his Outsiders video program:

“These people are fermenting (sic) hatred of white people,” he said, according to a transcript of the show supplied to the Federal Court. “As such, they are effectively encouraging terrorists in this political environment to do their worst.”

The video was viewed more than 30,000 times, according to Mr Faruqi.

Federal Court case

Faruqi has argued Mr Latham’s comments made him out to be someone who “knowingly assists terrorist fanatics who want to kill innocent people” and “condones the murder of innocent people”.

Latham has elected not to file any evidence in chief in defence of Faruqi’s claim against him.

This morning, Justice Wigney set the matter down for a mediation, as well as a 2 day trial on 11-12 April 2019 if the matter is not resolved at mediation.

Judge Sandy Street denounced by Federal Court

Posted on Categories civil litigation, Judiciary Tags , , , , 2 Comments on Judge Sandy Street denounced by Federal Court

Sandy Street

Litigation is very tough on litigants. They find themselves in an environment where in spite of their strong feelings about their case, their emotions carry no weight and are seldom acknowledged by the court. Furthermore, their fate at trial is the hands of a third party who may rule against them, with disastrous consequences. Adverse findings can be made against them. There is an incredible amount of stress associated with such risks. And of course, there is the massive amount of money they have to pay towards their own legal costs. Continue reading “Judge Sandy Street denounced by Federal Court”

Main entrance of Brisbane Commonwealth Courts building still closed

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The Harry Gibbs Commonwealth Law Courts Building, named after a former Chief Justice of the High Court of Australia, is situated at 119 North Quay in Brisbane. It is the Brisbane building for the Federal Court of Australia, the Family Court of Australia, the Federal Circuit Court of Australia, the Administrative Appeals Tribunal and also the High Court when it visits to hear special leave applications.

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