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 […]
Protecting Your Confidential Information From Former Employees
You run a successful business. You pride yourself on keeping one step ahead of your competitors. This means that you keep a tight lid on your confidential information. What would you do if one of your senior employees left the business and started offering a very similar product or service? We have previously written about […]
Confidentiality Clauses: Pitfalls for Employers
In Europa International Pty Ltd v Child [2016] NSWSC 923, McDougall J dismissed an application by an employer for an injunction to restrain former contractors from using allegedly confidential information to aid competitors. In so doing, McDougall J provided some valuable guidance to employers that reveals many of the pitfalls and problems associated with standard […]
Hiding behind corporate veil: Directors liable for breaches of the Fair Work Act
The Fair Work Ombudsman has started making more frequent use of s 550 of the Fair Work Act 2009 (Cth) (‘FW Act’). This has resulted in a number of directors of companies that employ workers being ordered to pay compensation to employees personally. This article discusses the operation of s 550, and proceeds to consider […]
Duties of Care and Psychiatric Illnesses: Guidance from the Queensland Court Of Appeal
In Eaton v TriCare (Country) Pty Ltd [2016] QCA 139, the Queensland Court of Appeal awarded $435,583.98 in damages to an employer who had negligently caused one of its former employees to sustain a psychiatric injury. The decision, which is relevant in all Australian States and Territories, is an important reminder to employers of the […]
Understanding Adverse Action when there are Workplace Complaints
In Trevena v Thiess Pty Ltd [2016] FCA 468, Tracey J rejected a general protections claim made by an employee who claimed that his employer had taken adverse action against him because he exercised a workplace right to make a complaint in relation to his employment. In doing so, Tracey J provided some important commentary […]
Workers Compensation: What’s an ‘Injury’?
The seminal High Court case of Military Rehabilitation and Compensation Commission v May [2016] HCA 19 clarifies the meaning of ‘injury’ under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act). The facts Mr May was an employee of the Royal Australian Air Force (RAAF). During the course of his employment, he was required to […]
Unpaid Internships: Guidance for Employers
Internships and work experience placements have recently received a lot of media attention. Mamamia attracted criticism for offering a three week internship at a charity auction, while the Federal Government’s proposed internship scheme has come under fire for its alleged illegality. In this context, any employer who wishes to offer unpaid internships or work experience […]
Misleading and Deceptive Conduct in Negotiations
In Rakic v Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd (Trustee)[2016] FCA 430, Bromberg J found that an employer engaged in misleading and deceptive conduct during negotiations concerning an employment contract. The facts Ms Rakic was an experienced employee in the insurance industry. She was employed by Pattersons Insurerbuild Pty Ltd (Pattersons). She left […]
Discrimination of Athletes by Employers
Heather Garriock is one of Australia’s best women’s footballers (soccer). She has played 130 times for the Matildas since her national debut in 1999, still remaining the youngest women ever to represent the Australian national side and she has played for a number of clubs in Australia, Sweden and the United States. In 2013, Ms Garriock […]