On 22 December 2021, the Federal Court refused an application for an injunction against two former employees of an I.T company. While a decision in respect of an injunction application is not necessarily the same as the final outcome of the dispute, the decision in this case provides useful guidance on the importance of comprehensive […]
On 9 February 2022, the High Court handed down two important decisions regarding the distinction between employees and contractors which represent a significant shift in the law. The cases were ZG Operations Australia Pty Ltd v Jamsek and Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) v Personnel Contracting Pty Ltd. In the case of […]
The recent Fair Work Commission decision of CFMEU & Matthew Howard v Mt Arthur Coal Pty Ltd [2021] FWCFB 6059 illustrated the nuances pertaining to “lawful and reasonable” directions by employers in the workplace, and the associated ramifications that can arise when there is a failure to engage in an appropriate consultation process between employers […]
Your employee has resigned and immediately takes up a position with your competitor. You run to your lawyer frantically waiving the employment contract which includes a restraint of trade saying “they can’t do that! I want an injunction!” Approaching the Court seeking to enforce restraints of trade in employment agreements is not for the […]
A recent decision in the Supreme Court of New South Wales in the matter of Plus One International Pty Ltd V Ching 2020 NSWSC 1593 highlights the need for an employment contract to be in writing should the employer wish to impose restraints upon an employee. The Court confirmed the general rule that in […]
Fixed term employment contracts are a common means by which employers employ staff in Australia. A recent decision of the Full Bench of the Fair Work Commission has now opened the door for employees engaged under fixed term employment contracts to bring unfair dismissal claims at the end of their contract term. Traditionally fixed term […]
A recent decision of the Federal Court of Australia has confirmed that the question of an employer’s right to suspend an employee is still not fully understood by a lot of employers. The case involved circumstances where an employee was “suspended” whilst certain aspects of that employee’s conduct was the subject of a review. Whilst […]
It is an unfortunate, but common occurrence, for employees to be injured in the workplace and entitled to some form of workers’ compensation. It can be a stressful and difficult time – for both the injured worker and the employer – and needs to be managed carefully, considerately and properly. On behalf of some clients, […]
Workforce participation and raising children are two very significant and crucial things that a lot of us do, so it’s important to know there are laws in place to help the two ‘jobs’ co-exist. Employees and employers have rights and responsibilities relating to pregnancy, parental leave and return to work under several different pieces of […]
What is a workplace policy? A workplace policy is a set of rules and principles guiding expected behaviours of employees. Policies can cover areas such as bullying and harassment in the workplace, social media use and work, health and safety, (WHS) to name just a few. The policies should be customised to suit the particular […]