In Europa International Pty Ltd v Child [2016] NSWSC 923, McDougall J dismissed an application by an employer for an injunction to restrain former contractors from using allegedly confidential information to aid competitors. In so doing, McDougall J provided some...
The Fair Work Ombudsman has started making more frequent use of s 550 of the Fair Work Act 2009 (Cth) (‘FW Act’). This has resulted in a number of directors of companies that employ workers being ordered to pay compensation to employees personally. This article...
In Eaton v TriCare (Country) Pty Ltd [2016] QCA 139, the Queensland Court of Appeal awarded $435,583.98 in damages to an employer who had negligently caused one of its former employees to sustain a psychiatric injury. The decision, which is relevant in all Australian...
The roll out of the National Disability Insurance Scheme (NDIS) was completed on 1 July 2016. It has a number of implications for the way in which work is carried out in the disability services sector. Flexibility The use of individual client plans and the increasing...
In Trevena v Thiess Pty Ltd [2016] FCA 468, Tracey J rejected a general protections claim made by an employee who claimed that his employer had taken adverse action against him because he exercised a workplace right to make a complaint in relation to his employment....
The seminal High Court case of Military Rehabilitation and Compensation Commission v May [2016] HCA 19 clarifies the meaning of ‘injury’ under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act). The facts Mr May was an employee of the Royal...
Internships and work experience placements have recently received a lot of media attention. Mamamia attracted criticism for offering a three week internship at a charity auction, while the Federal Government’s proposed internship scheme has come under fire for its...
In Rakic v Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd (Trustee)[2016] FCA 430, Bromberg J found that an employer engaged in misleading and deceptive conduct during negotiations concerning an employment contract. The facts Ms Rakic was an experienced...
Heather Garriock is one of Australia’s best women’s footballers (soccer). She has played 130 times for the Matildas since her national debut in 1999, still remaining the youngest women ever to represent the Australian national side and she has played for a number of...
In Lifeplan Australia Friendly Society Ltd v Woff [2016] FCA 248, Besanko J provided a helpful outline of the principles that are used to determine whether employees have breached the fiduciary duties that they owe to employers. The Facts Mr Woff and Mr Corby were...
The collapse of Queensland Nickel and voluntary administration of Dick Smith brought the plight of employees whose employers go insolvent into the public spotlight. This article outlines some of the ways in which employees can recover unpaid entitlements from their...
In Fair Work Ombudsman v Konsulteq Pty Ltd [2015] FCCA 182, Judge Riethmuller ordered two companies and their sole director to pay $200,000 in penalties and compensation for the consistent failure of the companies to comply with the Fair Work Act 2009, including...
Dismissing disqualified persons under the Child Protection (Working with Children) Act 2012 (NSW) - guidance from the Fair Work Commission In O'Connell v Catholic Education Office, Archdiocese of Sydney [2016] FWCFB 1752, the Full Bench of the Fair Work Commission...
In Starr v Department of Human Services [2016] FWC 1460, Vice President Hatcher provided some commentary on the circumstances in which employers are entitled to dismiss employees for conduct that they engage in outside of work hours. The facts Mr Starr was a...
In Entello Pty Ltd v Firooztash [2016] QDC 050, the Queensland District Court granted an injunction against a financial advisor who had breached a restraint of trade clause by soliciting his employer’s former clients. The decision is a good reminder for all employers...
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