Capital Brief: Disconnect Discord

The Right to Disconnect law came into effect in August inevitably brought questions to the legal industry, particularly the implications on law firms.

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A Failure to Consult: The Fair Work Commission...

Making logical changes to workplace processes should be simple and straight forward. However, a recent decision of the Fair Work Commission (FWC) confirms that employers still need to make sure they follow the additional step of proper employee consultation, or risk a poor outcome in the Commission. This means managers need to ensure employees' feedback has not only been sought, but also be able to demonstrate how employee feedback has influenced the process and been accounted for in the final outcome(s).

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Hicksons recognised in Doyle’s Guide 2024

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Phantom of the Opera

Insurers are sometimes encouraged to refuse claims when an insured gives false answers to an investigator. Great care needs to be taken to look at the answers in the context of all the evidence. Proving that the answers are false is not sufficient. It has to be proved that the answers are knowingly false and made to induce payment. This is not an easy burden. The insurer need to ask itself, among other things: are the answers in fact false; is there an interpretation to the answers which may favour the insured; even if the answer is false, could the insured be given the benefit of the doubt by finding that the insured was merely mistaken; has the insured otherwise acted in a fashion more consistent with honesty (e.g. as in the following case, giving the insurer, by means of authorities etc, access to the accurate information despite the insured’s answer being wrong).

Paul Hendriks
25 Jan 2017

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