What Are Non-Solicitation Clauses?

What Are Non-Solicitation Clauses?

Non-solicitation clauses are provisions in an employment contract or deed of release which prevent employees from ‘soliciting’ or ‘enticing away’ the customers, workers or suppliers of their employer for a specified period of time after their employment ends. What do...
How should I dismiss an employee and avoid issues?

How should I dismiss an employee and avoid issues?

Employers who want to dismiss an employee need to ensure that the employee is given an opportunity to respond to every single fact, circumstance or reason which the employer proposes to rely upon to dismiss the employee. A Cautionary Tale In Remmert v Broken Hill...
How does Major Change Affect Employment?

How does Major Change Affect Employment?

Most Modern Awards contain a requirement for employers to consult with employees that they have “made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on...
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...
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...
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....