Landmark decision clarifies who influences and controls workplaces

We’re excited to share an article about this important case that’s been written by our new partner Sian Gilbert, an Accredited Specialist in Employment and Industrial Relations. With the Assign Blue case, the concept of the capacity to “influence and control” a workplace has been explored for the first time under the work, health and […]

NSW Court of Appeal overturns $238,000 payout over defamatory email

On 3 March the NSW Court of Appeal overturned an award of $238,000 in damages arising from an allegedly defamatory email announcing an ex-employee’s termination in KSMC v Bowden. The decision provides a useful guide from the NSW Court of Appeal on the difficulties faced by a plaintiff in seeking to defeat a defence of common […]

Million dollar dismissal claims

Traditionally, multi-million dollar payouts in employment litigation were only awarded to executives of large corporates and high-profile public figures. With the evolution of the General Protections provisions in the Fair Work Act 1999, “average workers” are now regularly seeking – and winning – high levels of compensation and damages through adverse action claims. W+K’s EPL specialist […]