Employment contracts & conditions | Page 12 (318 items)

Two workers have failed to convince the Fair Work Commission they were engaged under sham contracts, after their company separately launched legal action as a service provider.

The Fair Work Commission has 'hinted' at a new approach to determining employment contract disputes, in an important ruling analysing whether a demotion was a dismissal, a lawyer says.

An employer has successfully argued that demoting an employee after a misconduct investigation did not constitute a dismissal, in a case with important implications for all employers.

An employer has won interim restraint orders against three ex-employees, with a court accepting that despite any evidence of breaches, its concerns were justified.

Pay transparency is now receiving a lot of attention, but lawyers say there are complex issues to consider when removing secrecy clauses from employment contracts.

A worker has failed to prove he was entitled to employee benefits for the seven years he performed duties for an organisation, after the Federal Circuit Court found the parties' arrangements indicated he was a contractor.

Setting up a rival company 'clearly destroyed' the confidence required in an employment relationship, the Fair Work Commission has found in upholding a summary dismissal.

The Fair Work Commission's past approach to determining whether a worker is an employee or contractor is "no longer good law", a deputy president has said in rejecting an unfair dismissal claim.

With high numbers of employees now indicating a willingness to leave their organisation, it's never been more important to ensure post-employment protections are in order. Get on the front foot by watching this HR Daily Premium webcast.

Unions are now targeting paid breaks in court actions, and employers are at risk of overlooking this area of compliance, says former Fair Work Ombudsman Natalie James.