Ware v OAMPS Insurance Brokers Ltd

In Ware v OAMPS Insurance Brokers Ltd, the applicant, Mr Ware, sought damages from the respondent, OAMPS Insurance Brokers Ltd, following his demotion and subsequent dismissal from employment. The case was heard in the Supreme Court of Queensland. Mr Ware alleged that the respondent’s actions constituted a breach of his employment contract and constituted a tortious interference with his contractual relationship with his employer, Chubb Australia Pty Ltd.

The primary legal issues before the court were whether the respondent’s conduct amounted to a breach of contract and whether there was a tortious interference with Mr Ware’s employment contract. The court had to determine whether the respondent’s actions in advising Chubb Australia to demote and dismiss Mr Ware were proper and whether these actions constituted a breach of an implied term of fidelity and good faith in the respondent's employment contract with Chubb Australia. Additionally, the court considered whether the respondent had interfered with Mr Ware’s contractual relationship with Chubb Australia in a manner that was improper.

The court found that the respondent did breach the implied term of fidelity and good faith in its contract with Chubb Australia by advising Chubb Australia to demote and dismiss Mr Ware without proper justification. The court held that the respondent’s conduct was improper and constituted a tortious interference with Mr Ware’s employment contract. The court awarded Mr Ware general damages of $10,000 and special damages calculated by reference to the termination benefits he would have received if he had not been demoted and dismissed, plus 20 per cent of the unreimbursed cost of his consultations with Dr Mastoianni. The court also ordered the respondent to pay interest on the damages awarded at the rate of 10.5 per cent from the date of dismissal.