Restraint of Trade Clauses: A Complete Guide for Employees

Restraint of Trade Clauses: A Complete Guide for Employees

What are restraint of trade clauses? Restraint of trade clauses are often included in contracts of employment as a way for employers to protect their business interests by restricting an employee’s freedom to undertake certain activities during or after ending their...
Dealing with the Fair Work Ombudsman

Dealing with the Fair Work Ombudsman

While the Fair Work Ombudsman may appear to some employers mostly as an agent designed to enforce Fair Work legislation, they also serve a very helpful purpose by providing advice and education to businesses and employers in general. Points to bear in mind If you are...

Poor Performance vs Poor Conduct

Australian employment law differentiates between poor performance and poor conduct. Poor performance is a failure to complete work, tasks or duties to the required standard. Poor conduct is misconduct in the workplace such as consistently being late to work, acting...
What is Constructive Dismissal?

What is Constructive Dismissal?

Constructive dismissals occur when an employer acts in a way that is so “harmful, adverse or unfriendly” to the point of damaging the employer/employee relationship beyond repair and the employee is left with no other reasonable option but to resign. A...

How To Prevent Unfair Dismissal Cases

Claims of unfair dismissal arise in many different circumstances, but all are costly and inconvenient. Catch the potential trouble before it starts. Here are some recent unfair dismissal cases and the procedures that could have avoided them. Case #1 Not Having...