Event and Time
Event Description
The case revolves around a dispute between Ms. Ayten Saridas and Oil Search Limited concerning her employment contract and a deed of release executed prior to her termination. Ms. Saridas claims constructive dismissal due to various alleged breaches of her employment contract and whistleblower protections, while Oil Search counterclaims that Ms. Saridas breached the deed by commencing legal proceedings.
Application and Claims
- Ms. Saridas alleges that Oil Search breached her employment contract, particularly implied terms regarding workplace safety, leading to her constructive dismissal.
- She further claims that her rights under the Corporations Act, especially regarding whistleblower protections, were violated during and after her employment.
- Oil Search seeks to strike out parts of Ms. Saridas' amended statement of claim and argues that the deed provides a complete release of Ms. Saridas' claims.
Judicial Decisions
1. The proposed further amended statement of claim by Ms. Saridas was not granted leave to be filed. 2. Claims advanced under paragraphs 5-15 and 26 of the amended statement of claim were dismissed. 3. Costs were ordered to be borne by Ms. Saridas due to the largely successful motion brought by Oil Search.
Dispute Points and Legal Basis
Dispute Points
Ms. Saridas' Claims:
- Constructive Dismissal: Ms. Saridas contends that Oil Search breached implied terms regarding her safe work environment and support necessary to perform her role.
- Breach of Deed: Claims that Oil Search violated the non-disparagement terms of the released deed.
- Whistleblower Protections: Argues that Oil Search contravened whistleblower provisions under the Corporations Act during and after her employment.
Oil Search's Defense: