Franchisor Liability: Changes to Fair Work Act
It is now easier for the Fair Work Ombudsman or employees to successfully sue franchisors and holding companies for contraventions by their franchisees and subsidiaries of fundamental [...]
Changes to the Fair Work Act – Serious Contraventions & Renewed Importance of Record Keeping
The Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (“the Amendment Act”) commenced on 15 September 2017. The Amendment Act is aimed at punishing and discouraging the [...]
Dismissing an Employee for Incapacity to Perform the Inherent Requirements of their Position
Dismissing an employee because they are incapable of performing their job due to illness or injury is tough for all involved. From a legal perspective, there are [...]
Victorian Supreme Court of Appeal finds post-employment restraints unenforceable in repudiated employment contract
“A restraint clause is not enforceable against an employee whose employment ends by the employer’s wrongful [...]
Does it Pass the Sniff Test? Enforcing Post-Employment Restraints
Businesses of today exist in a very competitive environment. Competition can be fierce, and the fight to [...]
Don’t Poach my Clients: Practical Tips
Employers can take several practical steps to reduce the risk of ex-employees from poaching clients. Below are [...]
Enterprise Agreement negotiations: What can you learn from the union?
Given the Australian rules football season is well upon us, I thought it fitting to start this [...]
Common Mistakes Employers make with their Policies
Well intended employment policies can leave employers legally unstuck. Here are the top mistakes I see employers [...]
Redundancy: Do I need to create jobs for redundant employees by sacking contractors or labour hire workers?
The cases do not give a clear answer. However, they do suggest the business rationale for [...]
Redundancy: Our top tips
After months of agonising, you make a tough decision. The business is going to make (or propose) redundancies. Now you need to think about implementation. Which [...]