Employers that initially fail to deal with social media misuse in the workplace could be waiving their right to address that misconduct at a later date, warns an employment lawyer.
A manager who ran her office like a private business - making payments to herself and others without regard to her employer's procedures - committed serious misconduct, a court has ruled, finding the "cumulative effect" of her breaches justified dismissal.
The High Court's ruling that Australian contracts do not impose a duty of trust and confidence is a welcome one for employers, but not a green light to ignore their own policies and procedures, an employment law specialist says.
A court has awarded a dismissed employee more than $1 million, finding her initial termination payment of just over $50k substantially underestimated her notice-period and long service leave entitlements.
Carefully drafted employment contracts are an employer's best protection against post-employment disputes in the relatively uncharted legal area of social media ownership, according to lawyer Chloe Conway.
In the absence of settled case law governing the ownership of social media connections, employers should take certain steps to minimise the risks of damage and loss to their business, an employment lawyer explains in this webcast.
Two recent contractual disputes have further clarified employers' obligations when it comes to restraint clauses, with one serving as a warning not to delay enforcing restraints, and another shedding light on exactly what constitutes an inducement to breach a restraint.
A court has ordered an executive to pay his former employer more than half a million dollars in damages and lost profits, after wooing clients away from the business in breach of a restraint clause.
Engaging independent contractors used to be "relatively easy", but the contract clauses that previously protected organisations from contractor claims are not as defensible as they once were, according to Ashurst senior associate, Taboka Finn.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
