Fundamental to the success of any business is ensuring that employees comply with directions given to them by their employer. However, it is not uncommon for employees to be unaware of the consequences to their employment, should they not follow their employer’s reasonable directions. [Read more…]
The Productivity Commission (Commission) has released its draft report (Report) on the workplace relations framework.
In December 2014 the federal government requested the Commission to undertake an inquiry into the workplace relations framework, with the Commission releasing an issues paper on 22 January 2015. [Read more…]
Defending a general protection claim can be expensive and time consuming. The following information is intended to aid employers in understanding how to deal with an employee who threatens to commence, or in fact does commence, a general protections claim. [Read more…]
In Australia, alcohol use is a daily part of many people’s lives. Although the use of illicit (illegal) drugs is not as common, the effects of both drug and alcohol use during and outside of work hours can have a significant negative impact on workplace health, safety and productivity.
Workers who are impaired by drugs or alcohol present a substantial safety risk to themselves and others as it may affect their ability to exercise judgment, coordination, motor control, concentration and alertness may be impaired, leading to increased risk of injury or accidents to themselves or others and damage to plant or equipment.
The High Court of Australia (High Court) has determined that employment contracts in Australia do not contain an implied term of mutual trust and confidence imposing an obligation on employers to treat their employees fairly or reasonably.
Employers appearing at the Fair Work Commission may be shocked when the unfair dismissal claim against them is upheld despite the dismissal being for a valid reason.
The restraint of trade doctrine has a long history with the judiciary resting somewhat uneasily between protecting the public’s right to free trade, verses an employer’s right to protect Legitimate Business Interests (LBI). Restraint of trade cases present an unusual mix of employment law and intellectual property issues for the courts to adjudicate.
The general rule unfortunately is that a restraint of trade clause in an employment contract is contrary to public policy and prima facie void unless it can be justified by the special circumstances of the particular case.
Because of the evolution of the case law on this issue and the different commercial contracts in which a restraint of trade clause can be used, the circumstances where a restraint of trade clause is enforceable vary widely. Compounding the issue is the apparent widespread misunderstanding about the enforceability and subsequent lack of a consistent nomenclature for describing the elements of such clauses.
The aim of this article it is address these issues in our first “multipart article”. [Read more…]