Legal interpretation-Howard v Queensland [2001] 2 Qd R 154., Summary of Whistleblowers Protection Act 1994 (Qld), Hypothetical

Howard v Queensland [2001] 2 Qd R 154. (Court of Appeal) Judges: McMurdo P, Thomas JA and Ambrose J. Facts: The appellant is the plaintiff in this action against the respondent, claiming for indemnification for psychiatric injury. Under the Whistleblowers inguen Act, the appellant can be classified as a whistleblower; and the allegations do by the appellant atomic number 18 that the actions make against him by two of his fellow traveler employees constituted reprisal down the stairs s41 of the Act, and that the defendant is secondaryly liable for their actions. Mr. Howard is appealing from a decision trialed by a court. Legal Issues: 1. Should the demurrer be upheld on the ground that on the neat manifestation of the Act secondary stipulation is excluded? 2. Assuming that the act leaves vicarious obligation open, does the reprobation allege facts equal to(p) of establishing such liability against the defendant? [Paragraph 10] 3. Costs. Legal reasoning: 1. The application of the normal rules of vicarious liability regarding knowledgeable torts, as in this case, is not of necessity valid.

The two tests arising from Deatons Pty Ltd v Flew (1949) 79 CLR 370, being, whether the wrongful act was integrity to which the ostensible achievement of his masters compute gives occasion, and whether it was commit under cover of the function in which he is placed as a vocalism of his maser. In this case, these tests are not satisfied, as the banned acts committed by employees decrease outside their scope of employment, and the employer did not slip away those acts. 2. The affidavit does not allege facts heart-to-heart of establishing vicarious liability. No allegations concerning the dodging of handling employee unsoundnesss; and that the act of making a complaint were in the scope of an employee, were made. It should be storied that the unlawful complaints of the... If you requirement to bewitch a full essay, sanctify it on our website: Ordercustompaper.com

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