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In the Unfair Dismissal Case U2023/719, Sam King filed a claim against Fingal Bay Service Station & Tyre Service Pty Ltd for unfairly dismissing him from his job. The case was heard by the Fair Work Commission, where King argued that his dismissal was unjustified and without proper notice. He claimed that he was not given a chance to respond to the allegations against him and that the employer did not follow proper procedures in terminating his employment. The employer, on the other hand, argued that King was dismissed for serious misconduct, including theft and dishonesty. After considering the evidence presented by both parties, the Fair Work Commission found that the employer did not follow proper procedures in dismissing King and that he was unfairly dismissed. As a result, the commission ordered the employer to pay King compensation for lost wages and other entitlements.

Calderbank v Calderbank [1976] Fam 93, [1975] 3 All ER 333; was an English Court of Appeal decision establishing the concept of a "Calderbank Offer". A "Calderbank Offer" can often be identified by the disclaimer "without prejudice, save as to costs". Commonly referred to as the Calderbank principle, it is a legal principle that allows a party to make a settlement offer to the other party in a dispute, which includes a condition that if the offer is not accepted and the case goes to court, the party making the offer will seek to recover their legal costs from the other party. This principle is often used in civil litigation cases in the UK as well as Australia. The Calderbank offer is a formal written offer of settlement made by one party to another party in a dispute. The offer is made on a "without prejudice save as to costs" basis, which means that the offer cannot be used as evidence in court except for the purpose of determining costs. If the other party rejects the offer and the case proceeds to court, the party who made the offer can ask the court to order the other party to pay their legal costs, even if they win the case. The Calderbank principle is often used as a tactical tool to encourage settlement of a dispute, as it puts pressure on the other party to accept the offer to avoid the risk of having to pay the other party's legal costs. However, it is important to note that the principle is not a guarantee of recovering legal costs, and the court will consider various factors, including the reasonableness of the offer, when deciding whether to award costs.

Briginshaw v Briginshaw (1938) 60 CLR 336 considered how the requisite standard of proof should operate in civil proceedings. The case affirmed that the standard of proof that applies to all civil matters is the balance of probabilities. Briginshaw v Briginshaw is a landmark case in Australian law, which established the standard of proof required in civil cases where serious allegations are made. The case involved a dispute between a married couple over the ownership of certain property. The wife alleged that her husband had used fraud and undue influence to obtain the property, while the husband denied the allegations. The case was heard in the Family Court of Australia. In its judgment, the court recognized that serious allegations of fraud and undue influence require a higher standard of proof than ordinary civil cases. The court stated that the evidence must be "clear, cogent and convincing" in order to establish the allegations. This means that the evidence must be strong enough to satisfy the court that it is more likely than not that the allegations are true. The Briginshaw standard has since been applied in many other cases in Australia, and has become a key principle in the law of evidence. It is often cited in cases involving allegations of fraud, sexual abuse, and other serious misconduct.

As professional Advocates, we think it is important for clients to understand the distinction between special damages and general damages. Special damages refer to the specific, quantifiable losses that a plaintiff has suffered as a direct result of the defendant's actions. These damages are often referred to as "out-of-pocket" expenses and can include things such as medical bills, lost wages, and property damage. Special damages are typically easy to calculate and can be proven with documentation or receipts. On the other hand, general damages are more subjective and difficult to quantify. These damages refer to the non-monetary losses that a plaintiff has experienced as a result of the defendant's actions, such as pain and suffering, emotional distress, and loss of consortium. General damages are often determined by a jury and can vary greatly depending on the circumstances of the case. In summary, special damages are specific, quantifiable losses that a plaintiff has suffered, while general damages refer to the non-monetary losses that are more difficult to quantify. It is important to understand the distinction between these two types of damages in order to effectively represent you and seek appropriate compensation.

Sexploitation is the use of sex or sexual content for commercial or personal gain, often at the expense of others. This can include the production and distribution of pornography, prostitution, and human trafficking. Sexploitation can also involve the use of blackmail or coercion to force individuals into engaging in sexual activities. In Australia, the Sex Discrimination Act 1984 (Cth) provides protection against sex discrimination, sexual harassment, and victimisation. The Act prohibits discrimination on the basis of a person's sex, gender identity, sexual orientation, and intersex status. Sexploitation can be a form of sex discrimination, particularly when it involves the exploitation of vulnerable individuals, such as women and children. The Act provides protection against this type of discrimination, and individuals who have been subjected to sexploitation may be eligible to make a complaint under the Act. The Act also provides protection against sexual harassment, which can be a form of sexploitation. Sexual harassment can include unwanted sexual advances, requests for sexual favors, and other unwelcome conduct of a sexual nature. The Act prohibits sexual harassment in the workplace, in education, and in other areas of public life. In addition, the Act provides protection against victimisation, which means that an individual cannot be treated unfairly for making a complaint or participating in an investigation under the Act. Overall, the Sex Discrimination Act plays a crucial role in protecting individuals from sexploitation and other forms of sex discrimination. It is important for individuals to be aware of their rights under the Act and to seek legal advice if they believe they have been subjected to discrimination or harassment. By working together to prevent sexploitation and promote equality, we can create a safer and more equitable society for all. For fast and FREE help with matters like this, complete the Priority Intake Form on our website or gethelp@1800ADVOCATES.au | 1800 238 622 | www.1800ADVOCATES.au

Sham contracting is a term used in the Fair Work Act 2009 that refers to situations where an employer presents an employment relationship as an independent contracting arrangement, even though it is not. This is done to avoid providing employees with certain entitlements and obligations under the Act, such as minimum wages, leave entitlements, and superannuation contributions. The Act prohibits employers from engaging in sham contracting, as it is a form of exploitation that undermines the rights and protections afforded to employees under the law. The penalties for engaging in sham contracting are severe, with fines of up to $66,600 for corporations and $13,320 for individuals, as well as the requirement to repay any amounts owed to affected employees. To determine if an employment relationship is a sham contracting arrangement, the Act sets out several factors that must be considered. These factors include the level of control the employer has over the work performed, the degree of integration of the worker into the employer's business, and the extent to which the worker operates independently. Employers who are found to have engaged in sham contracting may also face legal action from affected employees, who may seek compensation for lost wages and entitlements. In addition, employers who engage in sham contracting may damage their reputation and face negative publicity, which can have long-term consequences for their business. It is essential for both employers and employees to be aware of the provisions surrounding sham contracting in the Fair Work Act 2009, as it is a serious breach of employment law. Employers should ensure that they are providing their employees with the correct entitlements and obligations under the Act, while employees who suspect they may have been subject to sham contracting should seek legal advice to understand their rights and options. Need help with an issue like this? Complete the Priority Intake Form on our website for fast and FREE consultation gethelp@1800ADOCATES.au | 1800 238 622 | www.1800ADVOCATES.au

The White Australia Policy was a series of laws and regulations implemented in Australia between 1901 and 1973, aimed at restricting non-European immigration to the country. The policy was based on the belief that Australia should remain a predominantly white, British society, and that non-white immigrants posed a threat to the country's cultural and economic development. The policy was eventually abolished in the 1970s, and Australia has since become a more diverse and multicultural society. Today, Australian human rights laws and anti-discrimination laws prohibit discrimination on the basis of race, ethnicity, and national origin. These laws reflect a commitment to equality and non-discrimination, and are designed to protect the rights of all individuals, regardless of their background or heritage. While the White Australia Policy is no longer in effect, its legacy can still be felt in some areas of Australian society, particularly in relation to the treatment of Indigenous Australians and other minority groups. As such, it is important for Australians to continue to work towards building a more inclusive and equitable society, where all individuals are valued and treated with respect and dignity. Do you need help to take action and defend you Human Rights? Contact 1800ADVOCATES on 1800238622 | gethelp@1800ADVOCATES.au | www.1800ADVOCATES.au Complete the Priority Intake Form for a fast and free consultation.

Cyber bullying on Facebook involving racial discrimination is a serious issue that has become increasingly prevalent in today's digital age. It refers to the use of electronic communication technologies to harass, intimidate, or humiliate individuals based on their race or ethnicity. Such behavior is not only morally reprehensible, but also illegal under the Queensland Anti-Discrimination Act. The Queensland Anti-Discrimination Act prohibits discrimination on the basis of race, ethnicity, and other protected characteristics. This includes online harassment and bullying that targets individuals based on their race or ethnicity. The Act provides legal recourse for victims of cyber bullying, and allows them to file complaints with the Queensland Human Rights Commission. In the context of Facebook, cyber bullying involving racial discrimination can take many forms. This can include posting racist comments, images or videos, creating fake profiles to impersonate or mock individuals based on their race or ethnicity, or using private messaging to send threatening or abusive messages. These actions can have a devastating impact on the victim's mental health, self-esteem, and sense of safety. It is important for individuals to understand the serious consequences of engaging in cyber bullying involving racial discrimination on Facebook. Not only is it illegal under the Queensland Anti-Discrimination Act, but it can also result in criminal charges and civil lawsuits. Additionally, Facebook has its own policies and procedures in place to address cyber bullying, and can take action against users who violate these policies. In conclusion, cyber bullying on Facebook involving racial discrimination is a harmful and illegal behavior that has no place in our society. It is important for individuals to understand the impact of their actions and to take responsibility for their behavior online. The Queensland Anti-Discrimination Act provides legal recourse for victims of cyber bullying, and serves as an important tool in combating this pervasive issue. If you need help contact 1800ADVOCATES or email gethelp@1800ADVOCATES.au or call 1800238622 www.1800ADVOCATES.au

Sexual harassment in Australia is defined as any unwanted or unwelcome sexual behaviour, which makes a person feel offended, humiliated or intimidated. This can include: 1. Physical or verbal harassment, such as unwanted touching, sexual advances or comments, or leering. 2. Making sexual propositions or requests. 3. Displaying sexually explicit material, such as pornography. 4. Making threats or promises in return for sexual favours. 5. Spreading sexual rumours or making sexual comments about a person's body or appearance. It is important to note that sexual harassment can occur in any setting, including the workplace, educational institutions, and public places. It is a serious offence and can have significant impacts on a person's mental and physical health. If you would like a free consultation, please complete the high priority intake form on our website. Once we have assessed your information, we will allocate you to the appropriate advocate or investigator to assist you with your inquiry.

The history of unions in Australia dates back to the early 1800s when workers began to organize themselves to improve their working conditions and wages. However, it was not until the 1850s that unions began to gain significant influence and power. In 1856, the first successful strike in Australia took place when stonemasons in Melbourne demanded a shorter working day. This led to the formation of the Melbourne Trades Hall Council, which became the first central labor organization in Australia. Throughout the late 1800s and early 1900s, unions grew in strength and membership, and they played a major role in the development of Australia's social and economic policies. In 1904, the Australian Labor Party (ALP) was formed, which became the political voice of the union movement. During the 20th century, unions continued to fight for workers' rights, including better pay, working conditions, and safety standards. They also played a key role in the development of Australia's welfare state, including the introduction of minimum wages, workers' compensation, and social security. Today, unions continue to be an important part of Australian society, representing workers across a range of industries, including healthcare, education, construction, and manufacturing. They continue to advocate for workers' rights and welfare, and they work closely with the government and employers to improve working conditions and promote economic growth. Are you looking for an alternative to union membership? Consider joining us.

If you believe you have unpaid superannuation, you can take the following steps to claim it: 1. Check if you are eligible: You can claim unpaid super if you are an employee and your employer has not paid your super contributions on time. 2. Contact your employer: If you believe you have unpaid super, the first step is to contact your employer and ask them to pay the outstanding amount. You can provide them with evidence of your entitlement to unpaid super, such as payslips or superannuation statements. 3. Lodge a complaint with the ATO: If your employer does not pay the outstanding amount, you can lodge a complaint with the Australian Taxation Office (ATO). The ATO will investigate your claim and may take legal action against your employer to recover the unpaid super. 4. Apply to the court: If the ATO is unable to recover your unpaid super, you can apply to the court to recover the amount owed to you. It's important to note that there are time limits for claiming unpaid super, so it's best to act quickly if you believe you are owed unpaid super. If you need assistance lodging and pursuing a claim for unpaid superannuation and you would like a FREE consultation with our Advocacy team, please complete the Priority Intake Form on our website.

To lodge an unfair dismissal claim, you need to follow these steps: 1. Check if you are eligible: You can only make an unfair dismissal claim if you have been employed for at least 6 months (or 12 months if you work for a small business) and you have been dismissed. 2. Lodge your claim with the Fair Work Commission: You can lodge your claim online, by mail, or in person at a Fair Work Commission office. You will need to provide details about your employment, the reason for your dismissal, and why you believe it was unfair. 3. Attend a conciliation conference: After you lodge your claim, the Fair Work Commission will arrange a conciliation conference between you and your former employer. The aim of the conference is to resolve the dispute without going to a formal hearing. 4. Attend a formal hearing: If the dispute is not resolved at the conciliation conference, the Fair Work Commission will schedule a formal hearing. You and your former employer will need to present evidence and arguments to support your case. 5. Wait for the decision: After the hearing, the Fair Work Commission will make a decision about whether your dismissal was unfair. If the commission finds in your favor, you may be awarded compensation or reinstatement to your former job. It's important to note that there are strict time limits for lodging an unfair dismissal claim, so it's best to seek legal advice as soon as possible. To fin out more information or for a FREE consultation, please complete the contact form on our website. www.1800ADVOCATES.AU/priority-intake-form