Natural or Legal Disaster? When a determination is not a determination and the wheels of justice are slow to turn.
Usually, an expert’s determination expressed to be binding and non-appealable is just that – final. However, the New South Wales Court of Appeal declared an expert’s determination not binding because the expert did not follow the contract. The Court remitted the determination to the expert with directions about the proper construction of the contract. Background […]
New anti-bullying policy no defence: same culture, same consequence.
A new anti-bullying policy did not stay the hand of Deputy President Wells of the Fair Work Commission (FWC), who made an order to stop bullying under section 789FC of the Fair Work Act 2009. Bullying means repeated, unreasonable behaviour towards a worker, creating a risk to health and safety (section 789FD). Ms Roberts alleged […]