Paul Fishlock has been victorious in his legal battle against Y&R Brands. The NSW Supreme Court awarded him $268,259 in damages after a two-year long affair.
The judgement in the Fishlock vs Y&R case saw the presiding judge, Justice Sackar, side with Fishlock.
In the judgement, he said: “In my mind this was a clear act on the part of the defendant to directly to signal to Mr Fishlock it no longer intended to have him regarded as having the ultimate creative responsibility for the offices of the defendant [Y&R], in Sydney and Melbourne. That in my view amounts to a repudiation by the defendant of its previously agreed position. Faced with that reality Mr Fishlock in my view was perfectly entitled to do what he did and accept the repudiation and terminate the contract.”
The case was hinged on whether Y&R repudiated Fishlock's employment contract, which stated he was national executive creative director of The Campaign Palace, with the hiring of Reed Collins as chief creative officer in 2011.
The damages awarded by Sackar J was $268,259. Fishlock had originally sought $477,848 in damages. Y&R said it was considering whether it would appeal the judgement.
Fishlock told AdNews: “I'm very relieved to be able to put this behind me and get on with the day job, which is to be fully focused on Behaviour Change Partners.”
A statement from Y&R said: “While we are disappointed that the court has awarded some damages to Paul Fishlock, we believe it is significant that the decision awards him substantially less than he sought. We are pleased that the court has found that the covenants he was subject to were reasonable and that certain of his claims were rejected. We are currently evaluating our next steps, including whether to appeal.”
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