How Not to Read a Document in an Employment Law Dispute

How Not to Read a Document in an Employment Law Dispute

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...
Extension of Time for Unfair Dismissal Applications

Extension of Time for Unfair Dismissal Applications

The Fair Work Commission has considered a number of unfair dismissal applications for extensions of time. The Time Limit for Unfair Dismissal Applications Under ss 365 and 394(2) of the Fair Work Act 2009 (Cth), an employee is generally required to make an unfair...
Restraint of trade clauses: Advice for employers and executives

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...
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...
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...