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Article By Johannes Schenk

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Negligent Governance: No Liability

by Johannes Schenk / On November 17, 2005 / In Municipal Law

Negligence on the part of governmental authorities is a difficult matter to prosecute. This theme is repeated in a number of legal areas including, policy defences and the fallout from various legislative processes, and plays itself out in another recent…

IBP v. Alvarez; Tum v. Barber Foods

by Johannes Schenk / On November 12, 2005 / In Employment Law, Labour Law

The United States Supreme Court has rendered a decision in IBP v. Alvarez and Tum v. Barber Foods. Both cases were heard in early October, 2005. The Court holds in these two matters that workers must be paid for time…

Municipal Occupiers Liability

by Johannes Schenk / On November 11, 2005 / In Municipal Law

Municipalities, by virtue of the wide array of services they provide and their extensive landholdings, are subject to the full spectrum of occupiers liability and other negligence type claims. One such category of claim is the diving accident, since this…

Pre-Hearing Disclosure of Medical Records: Ryan Orders

by Johannes Schenk / On November 6, 2005 / In Human Rights Law, Labour Law

Administrative tribunals generally have a high degree of flexibility in determining what evidence they will hear in a given matter. They are not bound by the same rules of evidence that govern proceedings in Court. This brings on a degree…

Workplace Surveillance Downunder

by Johannes Schenk / On November 2, 2005 / In Employment Law, Labour Law

Take a look at this article on workplace surveillance in Australia's Lawyers Weekly. The article gives a brief outline of the recently implemented New South Wales WORKPLACE SURVEILLANCE ACT 2005. The Act lays down strict guidelines regarding surveillance of employee…

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