Employment Law & Workplace Articles

21 January

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Part I – The Requirements of Unfair Dismissal

When an employee is dismissed from their employment, an important consideration for the parties is determining whether the dismissal was unfair. Failing to consider this factor can lead to issues for an employer and may entitle the employee to compensation. There are particular circumstances where an employer is well within their right to dismiss a person from their employment, which is usually based on justified and well-established grounds for dismissal. In some cases, an employee is might have been dismissed on the basis of unsubstantiated allegations or inappropriate personal reasons. Whatever the circumstance, it is important to note that time limits apply to...

30 August

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Fair Work Commission General Protection Provisions

Posted by Chris Korbel

in Employment Law

Introduction The general protections provisions under the Fair Work Act 2009 (Cth) (the Act) afford certain persons protection from prohibited conduct which would otherwise place an aggrieved person in a disadvantaged position. Breaches of these provisions primarily go before the Fair Work Commission and can resolve early on at a conciliation conference or may proceed all the way to a hearing. The Fair Work Commission provides a cheaper and quicker mechanism for parties to resolve their dispute which may relate to a dismissal or a non-dismissal issue. Alternatively, and in some rare cases, it may be appropriate for a breach of a general...

28 May

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Post-employment Obligations: Restraint of Trade and Non-Solicitation

Posted by Potts-Lawyers

in Employment Law

What Employees and Employers should know Quite often, when the employer-employee relationship ends, employees often forget that some of the clauses within their employment agreements often extend beyond the employer-employee relationship. Even in circumstances were no employment contract exists, employees might still owe a fiduciary duty to their employer which may extend beyond the employer-employee relationship. Common issues that often arise in relation to restrain of trade and non-solicitation include: former employees working with one of their main competitors and/or divulging trade secrets to that competitor; former employees opening up a new business which directly competes with their former employer’s business; accusations of...

Part I – The Requirements of Unfair Dismissal

Fair Work Commission General Protection Provisions

Post-employment Obligations: Restraint of Trade and Non-Solicitation

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