When will a denial of promotion to an injured employee be justified? The decision of Laycock and its review of the application of the ‘inherent requirements’ defence in promotion and hiring and firing complaint.
The Plaintiff was a former police officer employed by the NSW Police Force (NSWPF). She alleges that in her service she was exposed to numerous traumatic incidents, and as a result she brings a claim for damages for psychological and/ or psychiatric injury she suffered between May 2003 and 7 June 2012.
The decision of the New South Wales Court of Appeal in Pel-Air Aviation Pty Ltd v Casey  NSWCA 32 dealt with the question of a plaintiff’s entitlement to recover the costs of a private funds manager.
On 18 September 2011, Mr Grahame Campbell (the plaintiff) was involved in a motor vehicle accident as a passenger in a vehicle driven by a colleague from the Marine Rescue. The plaintiff commenced a claim against the defendant’s CTP Insurer, GIO pursuant to the Motor Accidents Compensation Act 1999 (NSW). Mr Campbell alleged that he was entitled to compensation for, inter alia, non-economic loss damages (also known as pain and suffering). In order to be eligible for non-economic loss damages under New South Wales legislation, a claimant’s degree of permanent impairment as a result of the injury caused by the motor accident must be greater than 10% (Section 131 of the Motor Accidents Compensation Act 1999 (NSW).
Mr Turner (the plaintiff) attended the wedding of his daughter at the Harrington Grove Country Club. Later in the night the plaintiff carried the remainder of the wedding cake to the boot of his car, located in the Club car park. At the rear of the parking bay was a concrete kerb immediately followed by a garden bed. After closing the boot of his car the plaintiff stepped back into the garden bed, causing him to fall and suffer serious injuries. The plaintiff brought a claim against the Club and the architect, Hassell Ltd, which had been retained to provide architectural and landscape design services at the site.
Mr Gulic (the plaintiff) was injured whilst working as a driver of a prime mover on behalf of Boral Transport Pty Ltd (Boral), supplying bricks and pavers to building sites throughout New South Wales. The plaintiff was employed as a driver of the prime mover owned by GMG Transport Pty Ltd (GMG), of which he as the sole director and shareholder, and was contracted by Boral for the provision of these cartage services.