Workplace bullying: past behaviour relevant in Fair Work Commission’s new jurisdiction — update
The Fair Work Commission’s anti-bullying powers came into force on 1 January 2014. In a recent decision — Application by Kathleen McInnes  FWCFB 1440 — the Full Bench of the commission has found that the new laws can apply to bullying that occurred before 1 January 2014.
On 9 January 2014, Ms Kathleen McInnes applied to the commission for an order to prevent her from being bullied at work. The bullying in question occurred over a six-year period from November 2007 to May 2013. Importantly, Ms McInnes did not claim that she had been bullied after May 2013.
One of the respondents, Peninsula Support Services (PSS), objected to the application on the basis that the commission was not empowered to deal with bullying that occurred before the anti-bullying laws came into effect. Allowing the application to proceed, PSS argued, would give the new provisions retrospective operation…
Click on the link below to read the rest of the DLA Piper briefing.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
Cour de Cassation quashes decision that disregarded ICC rule on time limits to arbitrator challenges — two takeaways
This milestone decision further limits the scope for French courts to annul arbitration awards and reinforces the efficiency of France-seated arbitral proceedings.
This decision is in line with a possible judicial trend towards enforceability of good faith obligations under English law.
Analysis from The Lawyer
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.
A new breed of lawyer is smoothing the path for companies entering emerging or unstable jurisdictions