A senior employee whose performance was never assessed to determine whether she was eligible for a bonus has been awarded $74,000 in damages after a court confirmed her employment agreement was breached.
Cascading restraint-of-trade clauses have traditionally been difficult to enforce, but a recent judgment clarifies the circumstances in which employers can rely on them to protect their interests, says Lander & Rogers lawyers Mark Sullivan and Aaron Goonrey.
Organisations in the process of updating employment contracts need to be aware of six potential traps that could land them in legal trouble, say Kemp Strang employment lawyers.
Employers should consider excluding preferred hours clauses from enterprise agreements until Fair Work Australia clarifies whether they can pass the "better off overall" test, lawyers warn.
