It is not common for employment contracts to contain restraint of trade clauses which seek to prevent departing employees from joining competitors or using or disclosing their former employer’s confidential information.
Enforcement of such clauses is often through the courts who will determine whether they are reasonable to protect the employer’s legitimate business interests. In United Petroleum Pty Ltd v Barrie  FCA 818, the Federal Court of Australia declined to…Continue
One of the key elements of a procedurally fair disciplinary process is for the employee in question to be notified of the seriousness of the process (including the potential disciplinary penalties) and to be provided with an opportunity to respond to any allegations before a decision as to disciplinary action has been made.
An employer failing to take these steps can lead to the employee feeling as though the employer has already made its decision, irrespective of what the employee…Continue
A recent decision of the NSW Industrial Relations Commission (NSW IRC) has highlighted one of the pertinent issues currently being faced by employers – that is, to what extent an employer is entitled to require or request an employee provide them with personal medical information.
An employee’s (or any individual’s) health information is generally provided with a higher level of privacy protection under Australia’s privacy laws given its highly personal nature. As a…Continue
The Fair Work Act 2009 (Cth) (FW Act) prohibits employers from dismissing an employee from their employment because they have exercised a workplace right or because of a discriminatory reason, such as physical or mental disability.
In Ruttley v Willis Brothers Installation (Qld) Pty Ltd  FedCFamC2G 430, the Federal Circuit and Family Court of Australia (the Court) was satisfied that a stone benchtop manufacturer and installer…Continue