Happy 4 Years!

The stabbing. The joke.

Let’s all celebrate the beginning of our fearless leader’s downfall that occurred 4 months ago this month.

Meet at Club Flamingo around 11pm.

 

the asshole lost his case downunder:

Joseph v Parnell Corporate Services Pty Ltd [2020] FCA 426

 

Hmmm. So does Rob still contend that he did nothing wrong and did not stab anyone or make an offensive joke? I know there have been people on here claiming Rob did nothing wrong but he specifically admitted to me that he did stab someone but that the needle did not go very far into the person. I guess that made it all better. What a joke this little guy is

 

CEO found personally liable for settlement payments made due to his serious misconduct

In late 2017, two decisions were made by Parnell Corporate Services Pty Ltd (Parnell) to terminate CEO, Mr Robert Joseph’s employment.

A recent Federal Court of Australia (FCA) decision has revealed the pitfalls of a CEO commencing proceedings for wrongful termination. The CEO’s serious misconduct resulted in the employer being entitled to recover from him the settlement monies paid in relation to claims arising from his serious misconduct.

https://www.lexology.com/library/detail.aspx?g=3d837bb7-db26-4310-9438-4618662275fb

 

Australia April 17 2020
A recent Federal Court of Australia (FCA) decision has revealed the pitfalls of a CEO commencing proceedings for wrongful termination. The CEO’s serious misconduct resulted in the employer being entitled to recover from him the settlement monies paid in relation to claims arising from his serious misconduct.

The background

In late 2017, two decisions were made by Parnell Corporate Services Pty Ltd (Parnell) to terminate CEO, Mr Robert Joseph’s employment.

Relevantly, on 18 December 2017, the second decision by Parnell to terminate his employment (and forming the crux of the FCA judgment) were influenced by Mr Joseph:

1. being involved in an incident in about December 2015 when he inserted a needle attached to a syringe into the leg of another employee, Ms Jennifer Lindsey (The Needle Incident)

1. making an offensive remark at a Gala Dinner in January 2016, resulting in the subsequent termination of employment of Ms Jennifer Tymeson who had (among other things) complained about Mr Joseph’s remark (Gala Dinner Incident)

1. grossly misleading conduct in relation to US Litigation and his Notice to Shareholders which disclosed confidential information of Parnell (Other Conduct)

In April 2018, Parnell paid Ms Lindsey US$295,00.00 in settlement of The Needle Incident. Similarly, in November 2018, Parnell paid Ms Tymeson US$180,000 in settlement of the Gala Dinner Incident.

In the FCA case Parnell, other corporate entities of Parnell and the Executive Chairman of one Parnell’s entities, filed a cross-claim against the CEO Mr Joseph seeking declaratory relief in addition to a claim for damages for the settlement of The Needle Incident and Gala Dinner Incident.

In Issue

The FCA was required to resolve a range of issues including whether:

1. the termination of Mr Joseph’s employment was lawful (Termination Issue)
2. Mr Joseph’s conduct amounted to a breach of his employment contract (Breach Issue)
3. monies paid in settlement of the Needle Incident and Gala Dinner Incident arising from Mr Joseph’s conduct were recoverable as damages in the present proceedings (Settlement Issue)

The decision at trial

In relation to the Termination Issue, Justice Flick rejected Mr Joseph’s claims of unlawful termination and concluded that the grounds for summary termination of his employment on 18 December 2017 had been made out. At the same time, it was observed by the Court that if any one or other of the three bases upon which Mr Joseph’s employment could be summarily terminated would have been sufficient to reject the claims made by him as taken together the decision becomes “unassailable”.

In relation to the Breach Issue, it was concluded that the conduct of Mr Joseph caused the proceedings in the US brought by Ms Lindsey and Ms Tymeson and that his conduct had constituted a breach of his contract of employment.

In relation to the Settlement Issue, Mr Joseph sought to rely on an indemnity clause in Parnell’s Constitution regarding indemnities in favour of directors, secretaries and executive officers. Justice Flick rejected this claim noting that on proper construction of the clause, it provided a right to be indemnified with respect to liabilities as against third parties, not a right to be indemnified in respect of monies that Mr Joseph may be obliged to pay Parnell.

Further, Mr Joseph sought to rely on section 3 of Employees Liability Act 1991 (NSW) (ELA) which provides that an employee is not liable where an employer is also liable. However, given that Mr Joseph’s conduct fell within the serious misconduct qualification in section 5 of the ELA, this claim was also rejected by the Court.

Thus, Mr Joseph was held liable to pay at least some of those settlement monies recoverable as damages in relation to the Settlement Issue.

Implications

This decision highlights that an employer may succeed in defending and subsequently recouping some of the losses it has sustained from a previous employee’s serious misconduct.

As such, employees wishing to entertain a wrongful termination claim in circumstances where serious misconduct is involved must be aware of the cross-claims that an employer may make against them.

Joseph v Parnell Corporate Services Pty Ltd [2020] FCA 426


https://banksiabakehouse.com/

Rob & Kate Joseph [Co-Founders]
...moved to Kansas City in 2012 to expand the veterinary pharmaceutical company (Parnell) they had founded in Australia. When Rob retired from Parnell in 2017, after three weeks Kate said Rob needed a hobby or a new job, so he bought Sasha's Baking Company and set about developing the concept BANKSIA that you see today. They both have a deep love for food and have spent the last 20 years traveling, often flying half-way around the world to try a new restaurant. They have instilled their gastronomic passion in their three girls who often come to the bakery to cook. In fact, Meg (their eldest) cooks the ANZAC cookies we sell in the cafes!


"One thing you can be sure of, Aussies don't take themselves too seriously and we hope our laid back lifestyle shines through in our cafes. Australia also has a fantastically diverse food scene and we are excited to bring that fusion of cuisines from all the places we have traveled to our new friends in Kansas City." Robert Joseph; Founder

 

Only $180k for sexual harassment and wrongful termination?

 

4 months ago this month?

Obviously a typo.

Just shows how quickly you wanted to write this post.

Didn't have enough time to wipe the cheese off your fat fingers before mashing the keyboard. And y'all just jealous your useless fat ass was never invited to Club Flamingo!

 

nah, my ass was sleeping while the drinking and cheating was going on. Because, you know, I’m an adult who doesn’t see the need to suck up to an ego maniac (now ex) CEO who sexually harasses and assaults employees.