Milonas v Monash Health

• 1. Employment
  2. › Summary dismissal
  3. › Investigation of misconduct
  4. › Falsification of timesheets
  5. › Whether trial judge erred in finding applicant submitted fraudulent timesheets
  6. › Whether salary maintenance agreement existed
• 1. Evidence
  2. › Credibility of witnesses
  3. › Psychiatric condition and cognitive impairment of witness
  4. › Whether trial judge failed to consider medical evidence in assessing weight of evidence
  5. › Whether trial judge's consideration of evidence erroneous
  6. › Fox v Percy (2003) 214 CLR 118
  7. › Evidence Act 2008 (Vic), s 140(2)
• 1. Contract
  2. › Employment contract
  3. › Incorporation of terms
  4. › Whether Code of Conduct and Enterprise Agreement incorporated into contract of employment
  5. › Whether incorporated terms breached by employer in failing to provide procedural fairness
  6. › Lloyd v Healthscope Operations Pty Ltd [2021] VSCA 327
  7. › Byrne v Australian Airlines Limited (1995) 185 CLR 410
• 1. Negligence
  2. › Employer's duty of care
  3. › Investigation and determination of employee misconduct
  4. › Whether employer owed duty of care to employee in relation to investigation and dismissal process
  5. › Whether duty of care breached
  6. › State of NSW v Paige (2002) 60 NSWLR 371
  7. › Sullivan v Moody (2001) 207 CLR 562
  8. › Fair Work Act 2009 (Cth), pt 3.2

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