4 Smart Ways To Deal With Your Restraint of Trade
So, your employment has come to an end and you notice a tricky clause headed ‘Restraint of Trade/Non-Compete’ in your employment contract. Whether you’ve resigned, were dismissed or were made redundant, you want to move on as soon as possible and secure your next role. What does the restraint of trade mean for you going […]
Is my phone spying on me? 3 ways to tell if your workplace privacy is being breached
Workplace privacy can diminish while there is an increasing number of phones, watches, laptops, vehicles and other technology provided to staff. Many of which have the capacity to track an individual’s location or usage of the technology. This raises many issues. Can your phone be used to track your location to confirm how long you really […]
Steps You Can Take Against Workplace Harassment and Discrimination
What defines workplace harassment and discrimination? Harassment involves unwelcome behaviour that intimidates, offends or humiliates a person because of a particular personal characteristic such as race, age, gender, disability, religion or sexuality. Sexual harassment includes sending explicit or sexually suggestive emails, displaying offensive or pornographic posters or screen savers, and asking intrusive questions about someone’s […]
Workplace Bullying: What Can Fair Work Do?
When you’re faced with a difficult issue like workplace bullying, it can be hard to know who to turn to. And even if you do know who to contact, there’s sometimes uncertainty about what they can help with and how much they can do. If you’re being bullied at work, it’s important to know how […]
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 […]
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 dismissed from his employment with the Police Force in 1996 on […]
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 dismissal or general protections application within 21 days after the dismissal […]
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 […]
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 employers in the event that they go insolvent. Employees who work during a voluntary administration […]
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 about the importance of including restraint of trade clauses in employment contracts […]