Major Tribunal Decisions in 2003

Abstract

The authors review the major decisions of the previous year. The review is focussed upon decisions that in some way affected or are likely to affect individual rights and obligations more so than collective ones. First, the article offers an analysis of the concept of joint employment and its potential application in Australian courts and tribunals. Second, the High Court’s ruling in respect of the duty owed by employers to their employees’ children is considered. The authors comment that the decision is indicative of the ever expanding duty of care owed by employers. Third, the authors analyse a decision that considers the application of the Trade Practices Act 1974 to employment matters. Fourth, a decision of the Queensland District Court is reviewed because it is the first decision of an Australian court recognising an actionable right to privacy. The authors note that this decision is subject to appeal and therefore is likely to be scrutinised by superior courts. Finally, the authors comment that the growth in the assertion of individual rights raises important cultural challenges for collective organisations, which are likely to be ventilated in the next 12 months through some important test cases.