Employee Entitlements When the Business Goes Broke

Employee Entitlements When the Business Goes Broke

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...
Directors’ Liability for Underpayment

Directors’ Liability for Underpayment

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...
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...