No jurisdiction at the FCC for breach of contract

See Girardi v Allergan Australia Pty Ltd [2017] FCCA 163 (8 February 2017) There is no jurisdiction at the FCC for a breach of contract that does not involve a breach of the FWA. Also see: Lynch v Acknowledge Education Pty Ltd [2015] FCCA 3069 (27 November 2015)

How to calculate damages for breach of employment contract: a technical analysis

How are damages calculated for breach of an employment contract, specifically a failure by an employer to terminate the contract with the appropriate notice?From the employee’s perspective the breach may be thought to create significant damages measured by the loss of the value if the job until another is found. From the employer’s perspective however […]

Breach of employment contract

The Federal Circuit Court of Australia (formerly the Federal Magistrates Court), like the Federal Court of Australia, has jurisdiction to deal with common law actions such as breach of contract, provided that there is also an associated federal flavoured issue also before it. Thus the Federal Court can decide common law claims such as tort, […]

Remedies for breach of employment contract

The question of whether damages can be awarded for such unliquidated damages (ie those not capable of being proved by figures) such as distress, humiliation and loss of reputation under an employment contract has again been before the courts. In Shadiac v SAAFL (2014) SADC 124 delivered on 11 July 2014 a football administrator claimed […]

Breach of contract: damages

In England the courts have held that, although they will recognize a common law implied contractual term of mutual trust and confidence, the fact that there is a vibrant statutory unfair dismissal jurisdiction means that those courts have declined to award damages for breach of contract if the breach of the implied term occurs in […]

Breach of employment contract

Very often, particularly for senior executives, an employment contract will provide that the employer is entitled to terminate the employment of an employee if the employee commits any serious or persistent breach of the agreement and the breach is not remedied within a particular time (generally 14 or 21 days) of the employee receiving a […]

No damages for non-economic loss for employment contract breaches

The question of whether damages can be awarded for such unliquidated damages (ie those not capable of being proved by figures) such as distress, humiliation and loss of reputation under an employment contract has again been before the courts. In Shadiac v SAAFL (2014) SADC 124 delivered on 11 July 2014 a football administrator claimed […]

Unilateral change of roster sounds in damages: WA Industrial Relations Commission.

In Supaworld Pty Ltd v LN Price Partners Pty Ltd (trading as Busselton Freight) the Western Australian Industrial Relations Commission has held that unilaterally changing a roster was a breach of contract giving rise to damages.The applicant is a business which owns and operates trucks which transport groceries to stores in Perth. In October and […]

How to calculate damages for breach of employment contract; a technical analysis

How are damages calculated for breach of an employment contract, specifically a failure by an employer to terminate the contract with the appropriate notice?From the employee’s perspective the breach may be thought to create significant damages measured by the loss of the value if the job until another is found. From the employer’s perspective however […]

Fair work general protections and contractual rights dissected

The sometimes complex interaction between statutory fair work rights under the Fair Work Act and an employee’s express and implied contractual rights is at the heart of an interesting Federal Court Circuit case delivered on Christmas Eve.A pool supply company sacked its general manager after the directors alleged that he had misconducted himself in the […]