Post-employment risks & restraints (93 items)

When departing employees breach their contractual restraints, seeking an injunction won't often be the best way to respond, a workplace lawyer says.

The Federal Court has dismissed an appeal by two employees who were ordered to pay a former employer $270k in damages, after breaching their contractual restraints and soliciting its clients.

In the wake of substantial reforms to workplace legislation and regulation, employers now face heightened focus on compliance. Watch this webcast to ensure you're across the most critical areas requiring HR's attention, and which practical steps to take next.

Covertly applying for a job with an employer's client didn't breach an employee's contractual restraint, but it was nonetheless misconduct that warranted her dismissal, the Fair Work Commission has found.

Undertaking "preparatory steps" to establish a competing business while still employed will rarely be considered a breach of fiduciary and contractual obligations, a full bench of the Fair Work Commission has highlighted, in refusing an employer's unfair dismissal appeal.

"Expedition and informality" are desirable in industrial relations litigation, but when it comes to termination settlements, "there can be no substitute for clearly recorded written terms of agreement", a commission has highlighted.

A mutually agreed termination couldn't later be characterised as a dismissal, even if the parties were in dispute about its terms, the Fair Work Commission has ruled.

An executive's acceptance of a mutual separation offer via email amounted to a binding settlement, even though he never signed the deed of release, the Fair Work Commission has found in throwing out his general protections dispute.

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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.