Simply "responding positively" to an approach from a former client doesn't amount to solicitation, a court has highlighted, in refusing to restrain an employee accused of breaching his employment contract.
A decision that found an employee was dismissed when her fixed-term contract was allowed to "meander to its conclusion" highlights the need for employers to "exercise caution" in this area, a lawyer stresses.
In one of the first tests of the Fair Work Act's fixed-term contract restrictions, the Fair Work Commission has found a senior HRBP's third contract was for a substantially different role and therefore didn't breach the provisions.
Banning non-compete clauses is a "sensible" move for some workers, however employers should be concerned if the changes go further than has currently been flagged, a lawyer says.
The finality of settlement deeds is being challenged more frequently by ex-employees, meaning employers often can't assume a dispute is "done and dusted". Watch this HR Daily Premium webcast to understand how to achieve mutually binding agreements, with minimal risk of further disputes.
An employer sacked its new CEO because it believed he was complicit in removing board members from a meeting using "burly, tattooed men", and not because he made whistleblower disclosures, the Federal Court has found.
The seven-figure damages award arising from a mishandled termination process serves as an extra reminder for employers to consider the interplay between employment contracts and company policies and procedures, a workplace lawyer says.
The new 'unfair contracts' jurisdiction cannot deal with disputes about the conduct of parties to a contract, the Fair Work Commission has clarified in dismissing a home-care contractor's claim.
A dispute over whether a worker was an employee or a contractor illustrates how some of the recent Fair Work Act amendments can be particularly complex to apply in practice, a lawyer says.
Limitations on fixed-term contracts have caused employers unintended levels of anxiety, a review has found, in suggesting the Australian Government consider alternative reforms.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
