Working with Children and Disqualified Persons

Working with Children and Disqualified Persons

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...
Social Media Comments and Workplace Misconduct

Social Media Comments and Workplace Misconduct

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...
Non-Solicitation Clauses

Non-Solicitation Clauses

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...
Summary Termination for Workplace Misconduct

Summary Termination for Workplace Misconduct

In Bartlett v Australia & New Zealand Banking Group Ltd [2016] NSWCA 30, the New South Wales Court of Appeal found that an employee had failed to prove that the employee had actually breached his employment contract prior to summarily terminating his employment....