In our latest article in The District Reporter, read about a recent case in the Victorian Court of Appeal, which highlights the importance of preparation for a case and not to change the nature of the claim at the last moment.
A recent case in the Victorian Court of Appeal regarding an employment claim, has illustrated the importance of preparing a case properly and not trying to change the nature of a claim at the last moment.
A former business manager of the Sussan clothing chain had brought a claim in the Victorian County Court, suing for psychological injury in relation to a workplace incident. The former business manager for Sussan claimed that at a business conference held at the Novotel Forest Resort at Creswick in 2015, during an awards dinner, he was coerced to appear on stage with a Kylie Minogue impersonator as a form of entertainment.
The difficulties for the former business manager arose when, the day before the hearing, and thinking it was ‘Never Too Late’ he tried to change his claim. He now alleged that he had been physically assaulted when, as the only male in the room, colleagues “either coerced or physically impelled him” to be led backstage, dressed in gold hotpants with a bikini top over his suit, a pink cowboy hat on his head and then being placed on stage to sing with the Kylie Minogue impersonator.
Whilst many of us no doubt might sympathise with his predicament, his legal difficulty was that his case until the day before the hearing, was that he had been embarrassed and humiliated, but he had made no claim that he had actually been physically assaulted.
The Victorian Court of Appeal refused him the right to change his claim the day before the hearing. From a procedural fairness point of view the defendant employer had ‘Got to be Certain’ of the case against them so that they could prepare their defence. No doubt the claimant felt like ‘Spinning Around’ and wished he could ‘Step Back in Time’ but it was not to be.
On a serious note, the case highlights the importance of claims being properly being prepared, as court will not usually allow parties to make last minute changes to the claim they are bringing, unless there are extreme circumstances.
Our firm has extensive experience in employment law (although none of our cases to date involve Kylie Minogue impersonators). Please contact our employment law solicitors Geoff Lloyd or Julie Burton if you require further assistance in any such matter.
Remember knowledge is power and keep it local – as they say – ‘Better the Devil You Know’ after all…
