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.
A court has granted interim orders restraining a senior manager from soliciting his former employer's clients and staff to join a competitor, after accepting evidence that the business might otherwise lose millions of dollars in revenue.
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.
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.
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.
When negotiating an employee's departure from an organisation, often the most successful settlements are where "both parties walk away unhappy", according to a lawyer.
A Fair Work Commissioner was wrong to dismiss an adverse action claim on the basis of a settlement being reached, in circumstances where the parties maintained their agreement wasn't binding, a full bench has ruled.
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.
A deed of release prevented an employee from pursuing a general protections claim in the Fair Work Commission, a full bench has ruled, in refusing to disturb a finding that he signed it willingly.
An employee's bid to reopen his unfair dismissal case, so he could publicly raise "scandalous" allegations against his former employer, has been rejected by the Fair Work Commission.
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.
