Restricting the restraints: The government’s latest proposal
The Federal Government’s budget announcement on Tuesday included a significant workplace proposal to ban post-employment non-competition restrictions for some employees. A restraint of trade providing for non-competition restrictions are clauses that purport to limit competition with a previous employer for a period of time, and within a specified geographical location, after an employee has left […]
ReadmoreFederal Court declines to stay restraint challenge despite foreign jurisdiction clause
In the decision of Harman v Opus Recruitment Solutions – Australia Pty Ltd (Stay Application) [2024] FCA 1356, the Federal Court of Australia declined to stay proceedings brought by a former employee who sought to challenge the validity of his post-employment restraints in his employment agreement and shareholders’ agreement despite the fact that the shareholders’ […]
ReadmoreHigh Court rules employer liable for psychiatric injuries resulting from breach of employment contract
In the recent decision of Elisha v Vision Australia Ltd [2024] HCA 50, the High Court allowed an appeal awarding $1.44 million in damages to a former employee for psychiatric injuries resulting from breach of a disciplinary procedure contained in an employment contract. Background Mr Adam Elisha was employed by Vision Australia as an adaptive […]
ReadmoreCosts, caution and consequences: ‘Rare’ ruling against a paid agent
In the recent decision of Flexy Services Pty Ltd v Mr Brian Newman [2024] FWC 2840, the Fair Work Commission (FWC) made a costs order against a paid agent who represented an employee in making a general protections claim against her employer. Background Ms. Georgina McBride was engaged as a casual employee by Flexy Services Pty […]
ReadmoreContractor by name, employee by nature: FWC’s latest call
In the recent decision of Pascua v Doessel Group Pty Ltd [2024] FWC 2669, the Fair Work Commission (FWC) considered whether a Philippines-based legal assistant who performed work for a law firm in Queensland was an employee or an independent contractor. Background The applicant was engaged under a contract dated 21 July 2022 which was […]
ReadmoreFederal Court upholds six-month restraint
The Federal Court of Australia has reinforced the enforceability of post-employment restraints in employment agreements, awarding a six-month restraint to an employer whose former employee violated their non-solicitation and non-compete clauses. This verdict underscores the critical importance of well drafted post-employment restraints in safeguarding a business’s proprietary information and competitive edge. Background The applicant, Broadband […]
ReadmoreWhat you need to know about upcoming superannuation changes
With the new financial year upon us, employers should note some important changes to key superannuation caps, rates and obligations. Increase to the superannuation guarantee contribution (SGC) rate The SGC rate will increase from 11% to 11.5% on 1 July 2024. The rate will then continue to increase from 11.5% to 12% on 1 July […]
ReadmorePipe dreams – Manager ordered to repay employer after receiving benefits
A recent decision in the Supreme Court of New South Wales has seen a former manager and his consulting company ordered to pay the manager’s former employer a total of $474,054 between them. The finding was made on the basis that the manager and his consulting company had received profits as a result of the […]
ReadmoreSwings, roundabouts and loopholes – more amendments to the Fair Work Act
On 4 September 2023, the Federal Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill), its third tranche of Industrial Relations reform in the last 12 months following the passing of the Secure Jobs, Better Pay and the Same Job, Same Pay amendments to the Fair Work Act 2009 (Cth) (Act). While […]
ReadmoreEmployee who was dismissed for complaining about CEO successful in adverse action case
In a recent decision by the Federal Circuit Court of Australia, an employer has been required to pay $93,500 in compensation to a former employee whose employment was terminated as a result of a complaint he made against the CEO of the company. The employee, Joseph Noonan, successfully argued that his former employer, Advent Security […]
Readmore6 June 2023 deadline looms for Fair Work Act key changes
This article is a follow up to the article that Gadens’ Workplace Advisory and Disputes team previously published in relation to changes to the Fair Work Act 2009 (Cth) that commence operation from 6 June 2023. The previous article can be found here. Businesses should note 6 June 2023 down as a crucial date in […]
ReadmoreReasonable notice claim costs employer
The recent case of Daigle v SCT Operations Pty Limited [2022] NSWDC 364 (Daigle) has highlighted the importance of ensuring that employees have an agreed, lawful period of notice of termination in their employment contract. In Daigle, a geotechnical engineer who had been employed for over 16 years was made redundant. Daigle’s contract did not […]
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