Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Justice Hancock is sitting in the Supreme Court of Queensland, hearing a matter about whether terms of an employment contract, which required a professional athlete

Justice Hancock is sitting in the Supreme Court of Queensland, hearing a matter about whether terms of an employment contract, which required a professional athlete to make a public statement renouncingparticular religiousbeliefs, could be void. Assume this issue is governed by common law.

Her Honour is faced with the followingfourcases, all of which involved similar facts to her dispute:

1.Renouf v Gee, a 1973 decision of the Privy Council, on appeal from the Full Court of the Supreme Court of Queensland. The Privy Council in this case overturned the prior decision of the FullCourt, andfound instead that terms dealing with an employee's actions outside of the work environment could not be enforced, and therefore decided in favour of the employee.

2.Walters v Carne, a 1990 decision of the Full Court of the Supreme Court of Queensland. In this case, the court, by 2-1 majority (agreeing on the reasons), decided that their original approach inRenouf v Geeshould still be followed. They found in favour of the employer.

3.Lazarus v Cann, a 2000 decision of the Northern Territory Court of Appeal. The Court noted the Privy Council's decision inRenouf vGee, butheld that they were capable of departing from that decision, and unanimously found in favour of the employer.

4.O'Neill v Langer, a 2005 decision of the Full Court of the High Court of Australia. This matter was an appeal from the New South Wales Court of Appeal, which had followed the Privy Council's decision inRenouf v Gee. During the High Court hearing, one judge fell ill, and the remaining judges were split 3-3 on the decision: Sailor, Hohn, and Matterson JJ found for the employee; Bennett CJ, Johns and Walters JJ found for the employer.

Advising Hancock J which of those cases she should follow (include a full explanation of your reasons).

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Contract Law

Authors: Ewan McKendrick

13th Edition

1352005255, 978-1352005257

More Books

Students also viewed these Law questions

Question

Be honest, starting with your application and rsum.

Answered: 1 week ago

Question

Always show respect for the other person or persons.

Answered: 1 week ago

Question

Self-awareness is linked to the businesss results.

Answered: 1 week ago