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Huge Payout for Employment Contract Repudiation

Employment Law – Background

A senior accountant whose employment contract was repudiated by accountancy firm Crowe Horwath has been awarded almost $425,000 in damages by a Victorian court.

Employment Law – Decision:

Justice McDonald of the Victorian Supreme Court:

  • held that that the senior accountant was entitled to 12 months pay and superannuation ($281,667) and a $142,778 bonus for 2015/2016 that he would have received if the firm had not repudiated his employment contract in July 2016
  • rejected the firm’s argument that the accountant’s employment contract would have ended when the firm implemented a restructure which was opposed by the employee in August 2016, and would have prompted a six-month termination payment
  • costs and interests have not yet been decided

The decision is available for you to read through the hyperlink:

Crowe Horwath (Aust) Pty Ltd v Loone (No 3) [2017] VSC 548 (15 September 2017)

Employment Law – Tips for Employers

Our Matthews Folbigg Workplace Solutions employment law team recommends employers:
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Seeking Damages for Unauthorised Use of a Trade Mark

A recent Federal Court case has taught a valuable lesson in seeking damages as a remedy for infringement of a trade mark.

In the case of Halal Certification Authority Pty Limited v Scadilone Pty Limited [2014] FCA 614), the Halal Certification Authority sought damages under section 236 of the Competition and Consumer Act 2010 (Cth) (“the Act“) against a wholesale distributer and a number of kebab shops for unauthorised use of a trade mark asserting that kebab meat used by the kebab shops was certified ‘halal’ meat.

Under the Act, compensation will only be awarded where actual damage for the alleged conduct can be proven. Halal Certification Authority was unable to satisfy the Court as to whether the meat in the kebab shops was or was not halal. Therefore, neither actual damage nor reduction the value of the trade mark was demonstrated and only nominal damages were awarded.

Our intellectual property and commercial lawyer team can assist in providing advice on trade mark infringement, and commercial remedies available for breach. Contact us today for more information.
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