November 2015

Bullying In The Workplace – An Update
Partial Capacity Entitlement – Not Something for Another Day
Specific Performance or Rectification
What Happens If I Die Without a Will?
Private: Multiple Stress Claims, Section 5(4) Exclusions in WA Workers Compensation Scheme

Welcome to the November edition of our newsletter.

This month’s feature article Bullying in the Workplace looks at a recent bullying application which provides a useful insight into how the Fair Work Commission will deal with systemic bullying – that is, where the bullying cannot be stopped without substantive changes to the culture and structure of the enterprise as a whole.

Also this month we bring you articles on insurance, risk, construction law and estate planning. If you would like to discuss any of the issues raised in this monthly Update, please don’t hesitate to contact us.

We welcome feedback about our articles, as well as any suggestions you may have for topics you would like to see covered in future editions.  Please email Tanya Kay on tkay@kottgunn.com.au

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Bullying In The Workplace – An Update

Anti-bullying provisions were introduced for the first time in the Fair Work Act in January 2014.  Those provisions were designed to be preventative rather than compensatory – that is to …
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Partial Capacity Entitlement – Not Something for Another Day

Vidal Hockless
Partner

Felicity Keays
Special Counsel

In Chapels on Whatley v Bedford [2015] WADC 129, His Honour Judge O’Neal (O’Neal DCJ) of the District Court of Western Australia affirmed the existing caselaw principles regarding proof of …
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Specific Performance or Rectification

Laurie James AM
Partner

Rectification and Specific Performance are what is called equitable remedies.  The Supreme Court of Western Australia inherited the jurisdiction of the English common law Courts and also of the English …
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What Happens If I Die Without a Will?

Claire Hawke-Gundill
Senior Associate

Statistics show that about 50% of Australians do not have a will. This is perhaps due to the common misconception that if you die without a will, your family will …
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Private: Multiple Stress Claims, Section 5(4) Exclusions in WA Workers Compensation Scheme

Ashley Crisp
Partner

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