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 conduct – whether it be wrongful dismissal or….[by acceptance of [...]
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 retain one’s existing clients is crucial for business survival. It [...]
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 our top tips. Use Well-Drafted Restraints It probably goes without [...]
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 [...]