Written by: John Greenhalgh
With the rise of Artificial Intelligence (AI), it is important to reflect on the level of detail often required to resolve highly disputed matters, particularly taking into consideration the commercial and human aspect involved in a settlement.
Case Study
In the case, Quinn v Descon Group Australia Pty Ltd & Anor [2023] QDC 88, a settlement was entered into between an employer and employee. Part of the settlement involved a photo of the parties shaking hands, in effect to demonstrate that they had resolved matters on good terms. The problem arose because the settlement agreement did not state where the photograph was to be taken. The employer demanded that the ex-employee attend the former workplace for the photograph. The former employee considered that the employer intended to parade him in front of the staff to humiliate him. Consequently, the employee suggested various other neutral locations that provided the employer to have a backdrop referencing the business. The employer brought a claim to say that the former employee had breached the terms of the settlement agreement. The court noted that there was no reference in the terms of the settlement as to the location of the photograph, that the former employee had acted reasonably and found against the employer.
This case reflects the importance of finer details in contracts, particularly with the rise of AI being used amongst disputes. Remember, the devil is in the details and the understanding of human nature.
Should you need assistance writing, reviewing or disputing a contract, our professional Solicitors are here to assist you. With integrated legal insight and business instinct, Greenhalgh Pickard have solicitors in areas of Employment Law, Commercial Law and Litigation, that can assist you.
Call our team today on 5444 1022.
Disclaimer:
The information contained in this article is for general informational purposes only and is not intended to provide legal advice or substitute for the advice of a professional. This information does not consider your personal circumstances and may not reflect the most current legal developments. Should you need advice, please contact our firm for targeted information relating to personal your situation.
Greenhalgh Pickard’s Employment and Litigation Team
