Five legal questions about Jackie Henderson’s lawsuit against ARN answered
Michael Byrnes
This week, Jackie Henderson filed suit against ARN, alleging the termination of her contract was a breach of the Fair Work Act.
In summary, Henderson is claiming that prematurely ending her ten-year deal with ARN “constituted adverse action.”
Over the last few weeks, we asked lawyer Michael Byrnes five legal questions about Kyle Sandilands’ initial open letter, and another five regarding the legal arguments and potential financial implications for ARN after we got ahold of Sandilands’ court documents.
A couple of questions:
1) Based on currently available information, who seems to have the strongest case against ARN and what is the primary basis for that?
2) In a worst-case scenario for ARN – and assuming that ARN has access to limited current and future resources (ie cash) – both Kyle and Jackie are successful in which case ARN may not, practically, be capable of paying both amounts. Since both applicants would know that, how will it influence any negotiations they may have with ARN, ie how will the importance of the timings of when these matters are concluded play a part? If Kyle wins (or even settles) first (and presumably the date on which he would receive his amount would also come before any amounts are payable to Jackie), how should Jackie conduct her case in light thereof, and vice versa?
3) Following on from (2), if both cases go all the way through court, which case would more likely conclude first?
4) Also following on from (2) and assuming again that both Kyle and Jackie are successful and that ARN has limited current and future resources, if ARN could not raise the additional capital needed, would most likely the business be placed in administration then? Are there any particular obligations for the ARN directors to consider here as well?
Thank you!
It is all very exciting but this looks like a settlement waiting to happen. Which silk is going to put their name down for a guaranteed outcome with these facts on either side.
Still if it costs ARN say $50m all in to settle both claims, its cheaper than being stuck with the contracts and both will walk away with a serious amount of money.
They may also be able to structure payment over 12-18 months as well to make it easier to come up with the dosh.