If you want to talk about Ben Cousins, post it here (mega merged thread)

[NMWBloods]

Bully (with a lawyer friend)

The two go hand-in-hand really. Watch out or I'll sue you for defamation though!

[ROK Lobster]

I can't wait that long.

Please tell me what duty of care a company owes you once you've been fired - and which company in particular gives it? I want to go and work for them.

You clearly have little idea what you are talking about. Anyones whose actions or omissions may affect another owes that other person a duty of care. Clearly, WC's decission to sack Cousins has potential to affect him. They therefore owe him a duty of care and have an obligation to take reasonable steps to ensure that their actions do not cause him loss or damage. This has nothing to do with their contractual relationship. That is the law. They owe him a duty of care. Just as I owe you a duty of care not to do anything that might cause you harm, such as driving negligently (eg over the speed limit). Cousins' actions do not waive his right to a duty of care - that he has acted, in some people's opinions, poorly is irrelevant - just as I cannot run you over simply because I consider you to be a moron. Benny's actions, or your actions, are not a defence for the tortfeasor, except to the extent that Ben's or your negligence has directly caused the loss suffered.

BTW - I have never been sacked, and futhermore, I don't think that you would get a job anywhere I have worked.

[ScottH]

FYI

Employers Duty of Care - WA

Employees Duty of Care - WA

[Wardy]

FYI

Employers Duty of Care - WA

Employees Duty of Care - WA

there are another 70 or so pages but these were the summary's that I could pull out - its riveting reading! thanks Scott for putting it on.

However the Cousins case will be an interesting one, but if the WC duty of Care is going to come into it, then it might be an idea to put their D & O insurers on notice - the legal fraternity will be salivating over this one.

[AnnieH]

BTW - I have never been sacked, and futhermore, I don't think that you would get a job anywhere I have worked.

I wouldn't even apply for a job for a company that you worked at.
If you're this sanctimonious behind a computer keyboard, I couldn't imagine how unbearable it would be to work next to you.

NOT my idea of a fun day.

[Wardy]

Come on - lets keep this civil please - it is turning into a slanging match again - at the end of the day its not worth the angst!

[Layby]

The whole of Canberra sighs in relief

[Jewels]

Come on - lets keep this civil please - it is turning into a slanging match again - at the end of the day its not worth the angst!

The most sensible post in days!

[ROK Lobster]

I wouldn't even apply for a job for a company that you worked at.
If you're this sanctimonious behind a computer keyboard, I couldn't imagine how unbearable it would be to work next to you.

NOT my idea of a fun day.

You carry on with no idea of what you are talking about, generally agressively, then get upset when you are corrected. If you don't like it, either shut up or piss off.

[AnnieH]

You carry on with no idea of what you are talking about, generally agressively, then get upset when you are corrected. If you don't like it, either shut up or piss off.

make me.

[Wardy]

Christ - I give up!

[Chow-Chicker]

It amazes me how ignorant people really are about the workings of the legal system. Yet somehow they feel they are qualified to comment, too many legal shows on the television i think.

Text removed : Abusive, insulting language

Please provide some useful contributions about your expertise in law and provide the reference to your assertions about duty of care. I shall laugh in your face as you attempt to do so. I know specific legislation that discusses a duty of care and none of it relates to the matter in which Ben Cousins finds himself in.

[Chow-Chicker]

At what point does the club or the AFL cease to owe Cousins a duty of care?

You have yet to outline what the duty of care is owed. It is very difficult to prove whether anyone has breached a duty of care unles you stipulate what that duty of care IS.

[ROK Lobster]

Text removed

Please provide some useful contributions about your expertise in law and provide the reference to your assertions about duty of care. I shall laugh in your face as you attempt to do so. I know specific legislation that discusses a duty of care and none of it relates to the matter in which Ben Cousins finds himself in.

I cannot speak for Layby but I would consider it likely that the club and the AFL would owe Cousins a common law duty of care in addition to any statutory obligation. This is the duty of care which I was talking about. Please provide evidence of the WA legislature's intention to cover the field in this regard before you start laughing, or the joke may be on you.

[ROK Lobster]

You have yet to outline what the duty of care is owed. It is very difficult to prove whether anyone has breached a duty of care unles you stipulate what that duty of care IS.

I think I did in my longer post. I do not think that understand the concept. Have you read any of the case law? If not I suggest that Donoghue v Stevenson is an ideal starting point.