A major provider of HR services has been hit with a rare costs order, after hiring a competitor's employee in contravention of his contractual restraints.
A full bench of the Federal Court has upheld a two-year restraint as "reasonable", saying the non-solicitation provisions in an executive's contract did not offer enough protection for his former employer.
An "unusual" court ruling shows that including a liquidated damages clause in contracts might assist employers in having their restraints of trade upheld, an employment lawyer says.
In this presentation Mills Oakley Lawyers senior associate, Erin Rice, outlines four recent cases on restraint of trade, and their implications for drafting enforceable restraints.
One of the many things employers should do before moving to dismiss someone is check the restraint and confidentiality clauses in their employment contract, says employment lawyer Brad Swebeck.
Employers that don't tick all the right boxes prior to dismissing someone are more likely to face an unfair dismissal, adverse action or other claim, says Hicksons partner Brad Swebeck.
HR Daily Premium presentation, he covers the factors to consider in relation to:
the nature of your business;
the circumstances of the proposed dismissal;
policies, procedures and contractual issues;
disciplinary, misconduct and performance-related dismissals;
A judge has found that it was reasonable for an organisation to restrain a former employee from doing any HR consulting work in Australia for two years, due to the potential threat he posed to its business.
Australian courts - in a move away from UK law - are becoming more willing to enforce "contentious" restraints that aim to prevent exiting employees poaching their co-workers, says Professor of Labour Law, Dr Joellen Riley.
Cascading restraint-of-trade clauses have traditionally been difficult to enforce, but a recent judgment clarifies the circumstances in which employers can rely on them to protect their interests, says Lander & Rogers lawyers Mark Sullivan and Aaron Goonrey.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
