Tag: employment
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State of New South Wales v Fahy
in PoliceState of New South Wales v Fahy [2006] NSWCA 64 [33] Attention might have been directed to whether the Crown was the employer for the purposes of determining the safety of conditions of employment. Section 6 of the Vicarious Liability Act expressly states that a police officer shall be deemed to be a person in…
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Psychiatric injury and foreseeability in the employment context
Karzi v Toll Pty [2024] NSWCA 120 101 These three cases, Koehler, Kozarov and Stevens illustrate how fact-specific torts cases are and how the principles operate in different factual situations. They highlight why the High Court in Koehler held that the nature and extent of the employee’s work were significant when addressing whether the employer…
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Pro hac vice: transfer of control to a host employer
Mt Owen Pty Ltd v Parkes [2023] NSWCA 77 Where a worker is undertaking work on the premises of, and under direction from another party, the transfer of control may lead to a shift of liability from the legal employer to the “host employer”. While such a transfer has been said to arise only under…