case study 2 - FEDERAL COURT OF AUSTRALIA Nikolich v...

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FEDERAL COURT OF AUSTRALIA Nikolich v Goldman Sachs J B Were Services Pty Ltd [2006] FCA 784 EMPLOYMENT – Claim for breach of contract of employment – Applicant was employed by respondent as a client financial adviser – Nature of conduct of respondent’s office manager in connection with reallocation of clients following resignation of another adviser with whom applicant was working in a partnership team – Conduct of respondent’s employees in relation to complaint made by applicant – Whether applicant suffered a major depressive disorder as a result of conduct of respondent’s employees, including the office manager – Whether that conduct constituted a breach of applicant’s contract of employment – Whether damages are recoverable in respect of the distress and mental illness suffered by applicant – Assessment of damages. WORKPLACE RELATIONS – Whether applicant’s employment was terminated by employer – Whether termination was for a prohibited reason – Application to the case of the statutory definition of temporary absence from work – Whether termination on ground of mental disability – Whether the reason was based on the inherent requirements of the applicant’s particular position. TRADE PRACTICES – Whether damages are recoverable, assuming misleading conduct by employer. Workplace Relations Act 1996 (Cth): ss 170CK, 170CP, 170CQ Workplace Relations Regulations 1996 (Cth): reg 30C Trade Practices Act 1974 (Cth): ss 52, 53B, 82 Fair Trading Act 1987 (NSW): s 42 PETER NIKOLICH v GOLDMAN SACHS J B WERE SERVICES PTY LIMITED NSD 416 OF 2005 WILCOX J 23 JUNE 2006 SYDNEY
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GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NSD 416 of 2005 BETWEEN: PETER NIKOLICH APPLICANT AND: GOLDMAN SACHS J B WERE SERVICES PTY LIMITED RESPONDENT JUDGE: WILCOX J DATE OF ORDER: 23 JUNE 2006 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. Judgment be entered in favour of the applicant, Peter Nikolich, against the respondent, Goldman Sachs J B Were Services Pty Limited, in the sum of $515,869. 2. If the respondent: (a) does not file an appeal against this judgment; and (b) pays to the applicant the sum of $465,869 within 28 days; the said payment shall be taken fully to satisfy the judgment referred to in order 1. 3. The respondent pay the applicant’s costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NSD 416 of 2005 BETWEEN: PETER NIKOLICH APPLICANT AND: GOLDMAN SACHS J B WERE SERVICES PTY LIMITED RESPONDENT JUDGE: WILCOX J DATE: 23 JUNE 2006 PLACE: SYDNEY REASONS FOR JUDGMENT WILCOX J: 1 In this proceeding, Peter Nikolich seeks compensation and/or damages against Goldman Sachs J B Were Services Pty Limited, his former employer. The applicant’s claims
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case study 2 - FEDERAL COURT OF AUSTRALIA Nikolich v...

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