Restraint of Trade Clause Too Restricting

Despite evidence of fierce competition between two businesses, a court has found a senior manager can work for her new employer without delay, ruling the restraint of trade provisions in her contract to be too broad to enforce. The company had engaged the manager in a financial role with a six month probationary period. The […]

Get the Paperwork Right

That word “specificity” has reared its head again, with a magistrate finding the lack of it in a contract has probably brought an employer undone. And in so finding, the court has allowed a claim for underpayments to proceed to trial. The company had engaged an administrator on a salary which, it said, was intended […]

Ask an Unnecessary Question….

In trying to outmanoeuvre a union in bargaining tactics, a company asked a multi-faceted question where a simple yes/no would probably have done the trick. The union had earlier organised a petition of the workforce, gaining a slim majority of signatures in favour of bargaining. Armed with that result, the union applied for a majority […]

At Home on the Job

Employers will need to be on top of their home-based work policies and protocols if trends in the area continue the way recently published statistics suggest. The Australian Bureau of Statistics (ABS) has published data indicating a third of employed people in Australia now regularly do some of their work from home. A considerable portion […]

Casual Conversion’s Hidden Cost

AMWU v Donau Pty Ltd [2016] FWCFB 3075 (15 August 2016) An engineering and shipbuilding company got a nasty surprise when it made a group of employees redundant – the employees’ length of service was found to include their earlier stint as casuals, greatly increasing their entitlements under the statutory provisions. The problem started for […]

Employer to Employer Adverse Action

Director, Fair Work Building Inspectorate v J Hutchinson Pty Ltd & Ors [2016] FCCA 2175 (9 August 2016) Refusing to do business with a tiling subbie has cost a respected building company tens of thousands of dollars in fines and seen two executives individually fined as well – all because the company was doing the […]

Casual Conversion’s Hidden Cost

An engineering and shipbuilding company got a nasty surprise when it made a group of employees redundant – the employees’ length of service was found to include their earlier stint as casuals, greatly increasing their entitlements under the statutory provisions. The problem started for the company when it converted a group of casuals to permanent […]

When an Ex Still Has Rights to Dispute You

Construction, Forestry, Mining and Energy Union v Thiess Pty Ltd [2016] FWC 5089 (3 August 2016) An employer has had its jurisdictional argument thrown out by the Fair Work Commission after it unsuccessfully argued that a former employee could not invoke an enterprise agreement’s dispute settling procedure. Given that the employment had ended, there was no […]