Employment contracts & conditions | Page 3 (326 items)

When an employer told a casual employee that it wanted to "take a pause" on their working relationship, it effectively dismissed him, a full bench of the Fair Work Commission has ruled.

Employers require more than a disagreement or impasse to prove an employee has repudiated their contract, a workplace lawyer says.

Frustration of an employment contract in circumstances of illness or injury "is a difficult concept to establish", a Fair Work Commissioner has noted, in clearing a worker to pursue his unfair dismissal claim.

A Fair Work Commission full bench has clarified when the end of a fixed-term contract might constitute a dismissal, finding that a conditional "promise" of ongoing employment wasn't a contractually binding offer.

An employer has failed to prove that it didn't dismiss a worker when it repeatedly refused her requests for part-time work after a period of parental leave.

A litigious employee has failed to convince the Federal Court that her employer breached her contract by rostering her for fewer hours than it had agreed to, back in 2023.

The "commensurate" positions an employer offered its workers because their roles were no longer required were in fact demotions that repudiated their employment contracts, the Fair Work Commission has found.

A court has awarded an employer $270k in damages after two of its employees left to establish their own business, in breach of their 12-month contractual restraints.

Some risk is unavoidable when engaging contingent workers, but certain steps can go a long way towards preventing regulator scrutiny and entitlement claims, a lawyer says.

Ensuring that clients can freely choose who they work with was a crucial point in a court decision that refused to grant an employer's request for an interlocutory restraint order covering its departing employees.