by David Kidd | Nov 1, 2018 | Uncategorized
My apologies, the web-site has been altered by a hackers. Such to be rectified asap.
by David Kidd | Jul 30, 2018 | Uncategorized
Here are some 2018 cases involving difficulties with electronic lodgement at the Fair Work Commission. In each case, exceptional circumstances were found and an extension of time granted. [2018] FWC 1490 Qld Bosschieter v CSA Services (Jones Family Trust) (s365 application one day late – “Mrs Bosscheiter made a genuine attempt to upload the application in an eligible format, but experienced difficulty as she did not have access to a computer. … Mrs Bosscheiter had a reasonable believe (sic) it had been accepted. Upon being made aware the application was not in an eligible format … Mrs Bosscheiter was proactive in her attempt to resubmit, and had to wait for her friend to return from work to borrow their computer” @19 – extension granted) [2018] FWC 2933 Qld Chartier v Community Solutions Group (exceptional circumstances found where there was an unsuccessful attempt to lodge application the day before time limit expired – A was not able to contact the Commission until the next day as the attempt to lodge was made outside business hours) [2018] FWC 3334 NSW Wignall v White Sneakers P/L (exceptional circumstances found – “The circumstances were uncommon in that due to a technical issue with the Commission’s on-line lodgement process, Mr Wignall’s application was not received at the time of attempted lodgement, and at the time the filing fee was paid” @25) [2018] FWC 2864 Qld Bruschi v BHP Billiton Mitsui Coal P/L (application one day late due to A having problems with e-lodgement – A got a reference number after lodging, but did not realize his attempt to pay with his credit card had...
by David Kidd | Jul 25, 2015 | Uncategorized
Contact kidlrs@optusnet.com.au for more. See www.kiddslaw.com See Peden v Ferguson 15/5/12 [2012] NSWSC 492 where alleged that D GP failed “to take appropriate action following a consultation on 18 September 2007 which would have led to an earlier diagnosis of sacral chordoma, a terminal cancer” @1. The only issue was whether P complained of altered sensation and feelings of electric shock in the September consultation. D’s notes, which did not record such a complaint, preferred over P’s recollections and diary notes that he made such a complaint. Claim failed. See Paul v Cooke 25/7/12 [2012] NSWSC 840 where Brereton J concluded that “the circumstance that Dr Cooke’s duty of care did not extend to responsibility for a procedure that may have been occasioned by his diagnosis (or lack thereof) is not of itself reason to deny that he is liable for damage done in the course of such a procedure; once breach of duty is established, the question is one of causation. Although the inquiry as to causation is influenced by the scope of the relevant viagra sans ordonnance duty, this is more appropriately considered under the ‘scope of liability’ element of causation, which is a different notion from ‘scope of duty’. Chappel v Hart dictates that the correct comparison in this case is between having the operation on the occasion on which it took place, and having it on an occasion in 2003. That comparison results in the conclusion that, on the probabilities, had Dr Cooke diagnosed the aneurysm in 2003, Mrs Paul would have had it treated by clipping, and the aneurysm would have been obliterated without...
by David Kidd | Jul 25, 2015 | Uncategorized
Contact kiddlrs@optusnet.com.au for more. See also www.kiddslaw.com Sleeping/sleepy (Driving when) At wheel (did P consent?) Accident occurred when D fell asleep at wheel. “It was claimed on behalf of … [D], who was clearly guilty of negligence, that … [P] consented to the risk of the sort of injury that he suffered and also that … [P] was guilty of contributory negligence. To accept a lift from a driver in the early hours of the morning aware that the driver has not had any sleep during the immediate preceding hours was not suggested as in itself constituting either of the defences, rather it was suggested that once the [P] was told by the [D] during the journey that the [D] was sleepy, he should have instructed the [D] to stop the car and get some sleep. Whilst this would of course have been a counsel of perfection, the fact of the matter is that the [P] had no control at all over the [D]. He was there as a guest. There is no evidence one way or the other as to whether the [P] was awake or asleep, but the evidence of the [D] that the third man was asleep in the backseat is suggestive that the [P] was awake. There is no evidence that the [D] stopped the vehicle SY0-401 at any relevant time beforehand which would have enabled the [P] to abandon the enterprise and seek to get back to Queanbeyan some other way, which would have been difficult for him at the least … [P] did not consent to the risk of being injured in...
by David Kidd | Jul 25, 2015 | Uncategorized
email kiddlrs@optusnet.com.au for more. See www.kiddslaw.com [2010] FWA 3141 Vic Vicstaff P/L t/as Stratco v May & McFerran (alternative employment for truck drivers as production workers unacceptable given the different nature of the work and different hours – see Vicstaff commentary below) [2010] FWA 9303 Qld Baywater Products P/L v Inall (R in financial difficulty but not to such an extent that it cannot make redundancy payment – R found A acceptable alternative employment – “The previous position and the new https://www.acheterviagrafr24.com/acheter-viagra-en-ligne/ position are covered by the same Award. Although there is a different mix of duties in the new position, there are no duties in the new position that were not performed by Mr Inall in the old position. Further, there are no duties that Mr Inall could not have been lawfully and reasonably required to perform under the Award which covered his employment in both the old and new position” @46) [2011] FWA 295 Vic Affinity Risk Partners (Brokers) (worker had one year and eight days service – his job made redundant due to client of A deciding to do work in-house – client immediately employed worker on six month contract – W did not lose any time from work and later found a suitable job – redundancy pay reduced from four to one week) [2011] FWA 4823 NSW Nowra Family Support Services Inc. (“the offer of employment on less than a retrenched employee’s previous grading and salary would not prima facie be regarded as ‘acceptable’ employment for the purposes of s.120(1)(b)(i)” @16 – the R’s role in obtaining A acceptable alternative employment was “peripheral and certainly...
by David Kidd | Jul 22, 2015 | Uncategorized
[2015] FWC 482 NSW Schneider v Apollo Motorhome Holidays (A’s discovery “of information relevant to her dismissal on the grounds of redundancy which caused her to doubt the genuineness of that redundancy was sufficiently unusual to constitute exceptional circumstances” @19 – no extension of time granted, however, as A “took no action whatsoever to contest 312-50 or even question her dismissal within the 21-day period or before she filed her application … Subjectively speaking, it is reasonable that Ms Schneider, having seen the email on 7 October 2014, only formed the view at that time that Apollo had filled her position rather than abolishing it and that her dismissal was therefore not a genuine redundancy and was unfair. Objectivelyhowever, this principal aspect of Ms Schneider’s case is without merit. It is clear that Apollo outsourced to an independent MA0-101 business in the Philippines the main functions of Ms Schneider’s former...
