Employment contracts & conditions | Page 7 (304 items)

An employer has failed to prove it had a legal right to demote a manager accused of misconduct, with the Fair Work Commission finding this disciplinary action repudiated her employment contract.

An HR manager has failed to convince the Fair Work Commission that he couldn't have sacked a casual worker, who refused to attend an unpaid training session, as she never "officially" started in her role.

A recent dispute over a non-disparagement clause in a settlement deed shows "it's really important to get language right" when drafting these agreements, a lawyer says.

An "unusual" case highlights the importance of ensuring commonly used settlement-deed clauses accurately reflect both parties' intentions upon separation, according to a lawyer.

A worker has failed to prove a written agreement with an employer was a "sham" designed to misrepresent their relationship, with the Fair Work Commission finding she was an independent contractor and therefore not "dismissed".

An employer didn't dismiss an HR administrator when it told her to stop referring to herself as an HR manager, the Fair Work Commission has ruled in rejecting this was a "demotion" that breached her employment contract.

Award changes giving overtime rates to a group of workers who weren't previously entitled to them are unlikely to impact many employers, but a provision excluding managers reinforces the importance of making that distinction clear in contracts.

An employer has failed to prove a "very well paid" senior executive wasn't "dismissed" when it accepted the repudiation of his employment contract, following an impasse over his remuneration.

An employer's failure to ask employees whether they wanted to work on public holidays was unlawful, a Federal Court full bench has ruled.

Two workers found by the High Court to be independent contractors have failed to prove they should nonetheless be classified as "employees" for superannuation purposes.