Elisha v Vision Australia Limited

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJADAM ELISHA  APPELLANTANDVISION AUSTRALIA LIMITED  RESPONDENTElisha v Vision Australia Limited[2024] HCA 50Date of Hearing: 16 October 2024Date of Judgment: 11 December 2024M22/2024ORDER1.Appeal allowed with costs.2.Set aside orders 2 to 6 of the orders of the Court of Appeal of the Supreme Court of Victoria made on 28 November 2023 and, in their place, order that the appeal be dismissed with costs.On appeal from the Supreme Court of VictoriaRepresentationP D Herzfeld SC with E Makowski and S D D Puttick for the appellant (instructed by Arnold Thomas & Becker Lawyers)P M O'Grady KC and S E Gladman SC with L R Howard for the respondent (instructed by IDP Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSElisha v Vision Australia Limited Damages – Assessment – Breach of contract – Scope of contractual duty – Remoteness – Where appellant employed by respondent – Where incident involving appellant occurred during travel for appellant's work duties – Where appellant provided with "stand down letter" outlining allegations arising from incident – Where previous reports of appellant's aggressive behaviour – Where disciplinary meeting held for appellant to respond to allegations in stand down letter – Where employment terminated – Where decision to terminate employment based upon allegations of previous aggressive behaviour not put to appellant contrary to respondent's disciplinary procedure – Where appellant diagnosed with major depressive disorder – Whether liability for...