by JFM Team | 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...
by JFM Team | Oct 21, 2016
How can employers make restraints of trade enforceable? The court’s decision in the 2016 case set out below suggests that there are three golden rules to follow. In Just Group Ltd v Peck [2016] VSC 614, McDonald J held that a restraint of trade clause in a senior...
by JFM Team | Sep 7, 2016
The Fair Work Ombudsman (‘FWO’) conducted an investigation into a cleaning business called Grouped Property Services (‘GPS’). The investigation revealed numerous failures to pay minimum entitlements and to comply with the Fair Work Act 2009 (Cth) (‘FW Act’), the...
by JFM Team | Sep 7, 2016
Suppose that you were to go on secondment for a year to a different business, or a different arm of the business that you work for. The position that you were required to perform on secondment was a little different to that which you ordinarily performed prior to...
by JFM Team | 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...
by JFM Team | Aug 29, 2016
The Fair Work Ombudsman is taking an increasingly aggressive approach in seeking to recover civil penalties from employers who have failed to pay their employees in accordance with the applicable Modern Award. In the case of Fair Work Ombudsman v Mamak Pty Ltd [2016]...
