Employee Incentive Schemes – What are they?
An employee incentive scheme refers to payments or other benefits that an employer may provide to an employee that are in addition to the employee’s...
01 October, 2024
Business
Costs in Federal Discrimination Claims
Recent changes to the Australian Human Rights Commission Act 1986 (Cth) (AHRC Act) will see a major shift in how claims of discrimination are dealt...
19 September, 2024
What is a Backdoor Restraint in an Employment Agreement?
A backdoor restraint refers to a restraint of trade clause that is not easily identifiable in an employment agreement. Employees can easily overlook and miss a...
25 July, 2024
Drafting and Enforcing Post-Employment Restraints for Cross-Border Employers
Post-employment restraints are used by employers to protect the employer’s business interests. Their aim should be to prevent former employees engaging in conduct that might...
21 May, 2024
Services Agreements – Failure to Follow Directions
In the recent decision of Tredders Investments Pty Ltd as trustee for Warren Tredrea Trust & v Channel 9 South Australia (No 3) [2024] FCA 233 (Tredders), the...
23 April, 2024
Misleading and Deceptive Conduct
Protections against misleading and deceptive conduct form part of the general protections provided by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian...
04 April, 2024
Dismissing Visa Holders and Reinstatement
Introduction The circumstances around dismissing visa holder employees is an issue often discussed by employees and employers. Many migrant workers in Australia hold visas that require...
25 March, 2024
Fair Work Commission: Employment and Non-Executive Director
The Fair Work Commission’s decision (Commission) in Feldschuh v Strong Room Technology Pty Ltd [2024] FWC 216 (Feldschuh v SRT) dealt with the issue of...
25 February, 2024
Independent Contractor or Employee: No Written Contract
The High Court of Australia's decisions of Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 (Personal Contracting) and...
22 January, 2024
Unfair Dismissal: Dismissing Applications Under Section 399A
The Fair Work Commission (FWC) has a general power power to dismiss an unfair dismissal application on its own motion or upon an application under...
24 September, 2023