An elderly man met a younger woman in 1998. The circumstances of that meeting were in dispute between the woman and the man’s son, who was the executor of the estate.
The woman claimed she had met the old man at a caravan park in Perisher, in the Snowy Mountains of NSW. However, the man’s son claimed his father told him she had responded to a newspaper advertisement seeking someone to provide domestic services in exchange for free accommodation.
The man invited the woman to come and live with him in Sydney to look after him.
Can a daughter make a family provision claim against the estate of her long-dead father, to be paid for out of the estate of her recently deceased stepmother? Which case won?
The deceased and his first wife had two children.
The deceased’s first wife died in 1985, and in 1997 he married his second wife, S.
There were no children of this marriage, which ended when the deceased died in July 2003.
The deceased’s estate was estimated at almost $2,000,000, with the main asset being the matrimonial home.
The deceased left each of his daughters a legacy of $25,000 in his will. He left the residue of his estate to his second wife, S.
The will named S’s brother as executor.
At the time of his death, neither of the deceased’s children sought to challenge the will.
A 93-year-old man died on 22 March 2017.
In his lifetime, he had survived the Holocaust, emigrated to Australia and become a wealthy property developer.
He left behind a wife, two adult children and an Australian estate worth about $12.4 million.
By his will dated 15 May 2012, the deceased left the whole of his estate to his wife if she survived him. She was also appointed his executor.
If his wife did not survive him, then the deceased’s children and grandchildren would inherit his estate.
The deceased’s son was a businessman and operated a successful company.
The deceased also had a child who was biologically born a male. She identified as transgender and had been diagnosed with gender dysphoria.
The deceased and his wife found it difficult to accept their daughter’s identity. They were Orthodox Jews and had given their children a traditional Jewish family upbringing.
They became estranged from their daughter due to a variety of actions she took to distress and embarrass them.
However, the deceased continued to provide for his daughter financially until the day he died.
On 25 June 2018, an employee commenced employment as a casual sales assistant with a large Australian retail chain.
The retailer had 1700 casual employees.
The employee was assigned to work irregular and differing hours. Her shifts were quite frequent though, typically being three or four shifts per week.
The employment contract provided no promise of continuing employment.
Work was allocated according to a monthly roster system and the employee indicated her availability to work for the month in advance.
After eight months, the retailer terminated the employee’s employment.
The employee then lodged a Fair Work Act application, claiming unfair dismissal and seeking reinstatement and compensation.
Under the Fair Work Act, a casual employee is only protected from unfair dismissal if:
- They have completed a period of employment of at least six months;
- Their employment was on a regular and systematic basis; and
- They had a reasonable expectation of continuing employment on that basis.
It was up to the Fair Work Commission to determine if the employee was eligible to bring a claim for unfair dismissal under the Fair Work Act.
If a worker refuses biometric fingerprint scanning, is it unfair dismissal to sack them? Which case won?
A company introduced a biometric fingerprint scanning system as part of its new site attendance policy for all its employees. This measure was intended to provide security, safety and efficiency benefits for the company.
After the policy was announced during a floor meeting in October 2017, all company staff were directed to register their fingerprints over the following week. Once registered, employees would then check in and out of the company’s work sites by using scanners provided at the start and finish of each shift.