Is Uber’s Structure a ‘Legal Fiction’ to Avoid Employee Entitlements?

by JFMLAW | Nov 4, 2016

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...

How Not to Read a Document in an Employment Law Dispute

by JFMLAW | Sep 2, 2016

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...

Misleading and Deceptive Conduct in Negotiations

by JFM Team | May 10, 2016

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...

Non-Solicitation Clauses

by JFMLAW | Mar 21, 2016

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...

7 Steps to Effective Recruitment

by JFMLAW | Apr 29, 2014

Recruitment should incorporate the following steps: Step 1 – Before you start looking Step 2 – Preparing a job description and person profile Step 3 – Finding candidates Step 4 – Managing the application process Step 5 – Selecting candidates...