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Romero v Farstad Shipping (Indian Pacific) Pty Ltd (No 3) [2016] FCA 1453

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INDUSTRIAL LAW - claims arising out of employment of Applicant as second officer on board Respondent's supply ship, in 2011 - claims under Sex Discrimination Act 1984 (Cth) and for breach of contract - claims dismissed in 2014 - appeal against dismissal of contract claim allowed - held that Respondent had breached contract by failing to comply with Workplace Harassment and Discrimination Policy - question of repudiation and associated questions such as affirmation and election, and question of damages, remitted - extent of damages for breaches - nominal damages appropriate - whether Respondent's conduct repudiatory - conduct not repudiatory - consideration whether, had Respondent's conduct been repudiatory, Applicant's conduct would have constituted affirmation - Applicant's conduct would have constituted affirmation

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