Nikolich v Goldman Sachs J B Were Services Pty Ltd [2006] FCA 784

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 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