Performance and conduct dismissals – recent cases and lessons for employers

The Fair Work Commission received a record 40,190 lodgements last financial year, with unfair dismissal applications accounting for 37% of the total.  These claims can be costly and time-consuming for employers.  While data shows that most cases settle at conciliation stage, where they progress to full determination at a hearing and an employee is successful, […]

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Federal 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’ […]

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