If your employees or independent contractors create intellectual property, it often becomes your property. For example, s 35(6) of the Copyright Act 1968 broadly provides that the copyright in a literary, dramatic, artistic or musical work made by an employee or...
When you’re faced with a difficult issue like workplace bullying, it can be hard to know who to turn to. And even if you do know who to contact, there’s sometimes uncertainty about what they can help with and how much they can do. If you’re being bullied at work, it’s...
The law around company title buildings is different to that of strata title buildings. So it’s important to have a grasp of how company title works if you’re thinking about buying or renting a company title unit. What is company title? Company title is a scheme of...
The British Employment Tribunal recently held that Uber drivers should be treated as ‘workers’ for the purposes of various British statutes, in proceedings brought against Uber by current and former Uber drivers. The decision would be akin to the Fair Work Commission...
Your employer has just given you a deed of release. You may have been given it as part of a voluntary redundancy or you may have been given it to settle a dispute you had with your employer. You are looking to move on to the next step in your career, but you...
How can employers make restraints of trade enforceable? The court’s decision in the 2016 case set out below suggests that there are three golden rules to follow. In Just Group Ltd v Peck [2016] VSC 614, McDonald J held that a restraint of trade clause in a senior...
The Fair Work Ombudsman (‘FWO’) conducted an investigation into a cleaning business called Grouped Property Services (‘GPS’). The investigation revealed numerous failures to pay minimum entitlements and to comply with the Fair Work Act 2009 (Cth) (‘FW Act’), the...
Suppose that you were to go on secondment for a year to a different business, or a different arm of the business that you work for. The position that you were required to perform on secondment was a little different to that which you ordinarily performed prior to...
In Bigg v SAS Trustee Corporation [2016] NSWCA 236, the New South Wales Court of Appeal dismissed an application for leave to appeal a decision about a former employee’s entitlement to a superannuation benefit. Mr Bigg applies for a superannuation benefit Mr Bigg was...
The Fair Work Ombudsman is taking an increasingly aggressive approach in seeking to recover civil penalties from employers who have failed to pay their employees in accordance with the applicable Modern Award. In the case of Fair Work Ombudsman v Mamak Pty Ltd [2016]...
The Fair Work Commission has considered a number of unfair dismissal applications for extensions of time. The Time Limit for Unfair Dismissal Applications Under ss 365 and 394(2) of the Fair Work Act 2009 (Cth), an employee is generally required to make an unfair...
Most Modern Awards contain a requirement for employers to consult with employees that they have “made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on...
In DP World Sydney Ltd v Guy [2016] NSWSC 1072, White J clarified a number of the principles that are used to determine whether a restraint of trade clause is enforceable. In so doing, he highlighted some important lessons for employers and executive employees. Facts...
The legislation surrounding annual leave has been the subject of change in recent years, enabling employers to cash out their annual leave. Cashing out annual leave Eligible employees are now able to cash out their annual leave, rather than take the time off work....
You run a successful business. You pride yourself on keeping one step ahead of your competitors. This means that you keep a tight lid on your confidential information. What would you do if one of your senior employees left the business and started offering a very...
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