How to deal with flexible working arrangements requests
Flexible working arrangements have been a source of discontent in some workplaces since the introduction of the Fair Work Act in 2009. At issue have been the extension of flexibility for family reasons to fathers as well as mothers, and possible disruptions to the workplace caused by some workers having different hours from others. In […]
Restraint of Trade Clauses: A Complete Guide for Employees
What are restraint of trade clauses? Restraint of trade clauses are often included in contracts of employment as a way for employers to protect their business interests by restricting an employee’s freedom to undertake certain activities during or after ending their employment. Examples of restraints commonly found in employment contracts include: Confidentiality clauses – prevents […]
What You Should Include In An Employment Deed Of Release
An employment Deed of Release is a legal expression used to settle disputes or prevent them from arising in the first place. A Deed of Release is often a win/win situation as both parties come to a mutual agreement and grounding of compromise. The term ‘Deed of Release’ means just that, to release the other party […]
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 Operations Pty Ltd [2016] FWC 6036, the Fair Work Commission held […]
Understanding the terms of your employment contract
A typical employment contract can contain items that seem harmless until you look a little closer. If you’re not careful you can quickly find yourself in hot water. Here are answers to some common questions to help you better understand what you are signing up for. When do your obligations end? Employees often assume that […]
6 Things To Look Out For When Signing A Deed Of Release
Your employer has just given you a deed of release. You may have been given it as part of a voluntary redundancy or you may have been given it to settle a dispute you had with your employer. You are looking to move on to the next step in your career, but you should make sure that the […]
Restraint of trade clauses: Advice for employers and executives
In DP World Sydney Ltd v Guy [2016] NSWSC 1072, White J clarified a number of the principles that are used to determine whether a restraint of trade clause is enforceable. In so doing, he highlighted some important lessons for employers and executive employees. Facts DP World Sydney Ltd (‘DPW’) applied for an interlocutory injunction […]
Cashing out Annual Leave
The legislation surrounding annual leave has been the subject of change in recent years, enabling employers to cash out their annual leave. Cashing out annual leave Eligible employees are now able to cash out their annual leave, rather than take the time off work. This can occur if the employee is covered by a Registered […]
Deed of Release: A Guide for Employers and Executives
What is a deed of release? A deed of release is a formal agreement by which an employer and an employee seek to settle a dispute between them. Typically, deeds of release are used when an employee has made, or is considering making, a claim against his or her employer for unfair dismissal, unlawful termination […]