Daynes v I-MED Central Queensland Pty Ltd; I-MED Central Queensland Pty Ltd v Daynes

[2025] NSWCA 150

NSW Court of Appeal

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Interrogate

Catchwords

1. Employment Law
2. › Contract of employment
3. › Summary dismissal
4. › Allegations of sexual harassment and workplace bullying
5. › Whether conduct relied upon to found summary dismissal established
6. › Standard of proof
7. › Briginshaw standard
1. Contract
2. › Damages
3. › Wrongful termination of employment
4. › Assessment of damages where employer had right to terminate without cause on notice
5. › Whether loss of chance principles apply
6. › Proper basis for assessment — balance of probabilities or loss of a chance
7. › Least burdensome mode of performance
1. Costs
2. › Calderbank offer
3. › Reasonableness of rejection
4. › Whether reputational concerns relevant to assessment of reasonableness
5. › Whether court must address substantial clearly articulated submissions on costs
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.34
1. Appeal
2. › Standard of appellate review
3. › Findings of fact by trial judge
4. › Advantages of trial judge
5. › Fox v Percy (2003) 214 CLR 118

Quick Take

Where an employee is summarily dismissed and the employer had a contractual right to terminate without cause on notice, damages are assessed on the balance of probabilities (not loss of chance) as to whether the employer would have exercised that right, and reputational concerns arising from the nature of the dismissal are relevant to the reasonableness of rejecting a Calderbank offer.