Employment Law I Baker Love Lawyers Newcastle

Another attempt to enforce an employment restraint of trade fails

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 […]

February 24, 2022
By Peter Mullen
Employment Law
No Comments

Landmark – Employee v Contractor High Court Decision

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 […]

Consultation Required Before Employer Mandated Vaccination

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 […]

Is your restraint of trade clause enforceable?

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 […]

December 16, 2020
By Terry Morgan
Employment Law
No Comments

Restraint of Employees

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 […]

February 12, 2018
By Dean Frith
Employment Law
No Comments

Fixed term employment contracts – no longer immune from unfair dismissal claims

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 […]

December 13, 2017
By Terry Morgan
Employment Law
No Comments

Suspension of employees

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 […]

Accrual of annual leave and workers’ compensation payments

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, […]

September 25, 2017
By Rebecca Laybutt
Employment Law
No Comments

Returning to work after parental leave – rights and obligations – a snap shot

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 […]

Workplace Policies – an integral part of good workplace practice and a potential dispute avoidance tool

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 […]

Employment Law

Another attempt to enforce an employment restraint of trade fails

Landmark – Employee v Contractor High Court Decision

Consultation Required Before Employer Mandated Vaccination

Is your restraint of trade clause enforceable?

Restraint of Employees

Fixed term employment contracts – no longer immune from unfair dismissal claims

Suspension of employees

Accrual of annual leave and workers’ compensation payments

Returning to work after parental leave – rights and obligations – a snap shot

Workplace Policies – an integral part of good workplace practice and a potential dispute avoidance tool

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