Contract Archives – Litigation, Employment, Industrial, Commercial, Intellectual Property and Technology Lawyers
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Contract

Fair Work Act: Underpayment of Wages

Relevant provisions The following sections of the Fair Work Act 2009 (“FW Act”) are most likely to be relevant in an underpayment of wages context: ...

DISMISSAL: NES NOTICE OF TERMINATION

A Full Bench of the Fair Work Commission has recently made an important decision in relation to the meaning of a “dismissal” under s 386...

Dismissal: Letters and Emails

A Full Bench of the Commission in Mohammed Ayub v NSW Trains [2016] FWCFB 5500 provided some important clarification regarding when a dismissal takes effect....

“Set-off” Principles

The law around “set-off” principles in employment relationships is reasonably well settled. Courts have applied contractual law principles to focus upon what the parties agreed...

RESTRAINT OF TRADE AND POST-EMPLOYMENT RESTRAINTS

In contracts, there are various types of post-employment restraints and restrictions that may survive the termination of the contract. Non-solicitation and non-compete clauses are some of...

INVESTIGATIONS: SERIOUS MISCONDUCT ALLEGATIONS

Appropriate strategies in investigations of allegations of misconduct can vary significantly in degree of sophistication. Once a process of investigation commences, it may take a life...

EMPLOYMENT CONTRACTS

Employment contracts are fundamental to the employment relationship and can be used to: Improve upon the minimum employment conditions in the National Employment Standards (NES),...