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.
An employee's view that her employment record should get a "clean slate" as part of an unfair dismissal settlement was not enough to prompt the Fair Work Commission to interfere with the agreement.
Two workers who settled unfair dismissal actions have failed to convince the Fair Work Commission their agreements didn't also prevent them from pursuing underpayment claims against their employer.
An employer has a reasonably arguable case that a former employee breached his contract's confidential information and post-employment terms, the Federal Court has ruled in imposing interlocutory restraints.
