Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dye v Commonwealth Securities Limited [2012] FCA 242 Citation: Dye v Commonwealth Securities Limited [2012] FCA 242
Parties: VIVIENNE LOUISE DYE v COMMONWEALTH SECURITIES LIMITED, RALPH NORRIS and MICHAEL BLOMFIELD VIVIENNE LOUISE DYE v COMMONWEALTH BANK OF AUSTRALIA and BARBARA CHAPMAN
File numbers: NSD 1165 of 2008 NSD 1526 of 2010
Judge: BUCHANAN J
Date of judgment: 16 March 2012
Catchwords: CONTRACTS – employment contract – implied term of mutual trust and confidence and/or good faith discussed – incorporation of employer's policies and procedures discussed – whether employment of employee via a subsidiary company was a sham DEFAMATION – qualified privilege – reply to attack HUMAN RIGHTS – discrimination – allegations of sexual harassment – jurisdiction of the Federal Court – some alleged conduct occurred in New Zealand – whether Sex Discrimination Act 1984 (Cth) has extraterritorial effect – vicarious liability – workplace participant TORTS – injurious falsehood – whether damage to trade or business of an employee
Legislation: Defamation Act 2005 (NSW) s 8 Disability Discrimination Act 1992 (Cth) ss 4, 5, 15 Evidence Act 1995 (Cth) s 142 Fair Trading Act 1987 (NSW) ss 42, 46 Fair Work Act 2009 (Cth) Limitation Act 1969 (NSW) ss 14B, 56A Sex Discrimination Act 1984 (Cth) ss 5, 28A, 28B, 94, 106 Trade Practices Act 1974 (Cth) ss 52, 53B Workplace Relations Act 1996 (Cth) s 650
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