United States: You Again?: Application Of The First-To-File Bar Where Subsequent Actions Are Brought By The Same Relator

The Federal False Claims Act (“FCA”), 31 U.S.C. § 3729, et seq., has unique procedural aspects that come into play when a private whistleblower (the “relator”) seeks to sue on behalf of the Government.  One of these, the so-called “first-to-file” bar, applies when two “related” whistleblower actions are filed:  “When a person brings an [FCA action], no person other than the Government may intervene or bring a related action based on the facts underlying […]

By | March 2nd, 2015 ||

Australia: Swearing at the boss: is it always a sackable offense?

In a recent decision by the Fair Work Commission, Deputy President Wells found against the company that summarily dismissed an employee for abusing the managing director of the company. The company was an SME and the managing director and the garbage truck driver were having a telephone conversation which got heated. In the course of that conversation, the employee said to the managing director:-

“You dribble s#*t, you always dribble f#*$ing s#*t”.

The company proceeded to […]

By | March 1st, 2015 ||

United States: NJ Supreme Court Limits Employer Vicarious Liability In Harassment Cases; Expands Definition Of Supervisor Under NJLAD

After more than 15 years, New Jersey employers finally have a response to the previously unanswered question of whether the affirmative defense established by the United States Supreme Court for harassment cases under Title VII in Burlington Industries v. Ellerth and Faragher v. City of Boca Raton is applicable to the New Jersey Law Against Discrimination (NJLAD).

In Aguas v. State of New Jersey, decided on February 11, 2015, the New Jersey Supreme Court answered […]

By | February 27th, 2015 ||