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
Publications
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
General Protections: Dismissal and the Fair Work Commission
The decision of the Fair Work Commission (FWC) Full Bench of Lipa Pharmaceuticals Ltd v Mariam Jarouche [2023] FWCFB 101 (Lipa Pharmaceuticals Decision) highlights an...
10 September, 2023
Fixed Term Contracts and the Fair Work Act
Amendments to the Fair Work Act 2009 (Cth) (Act) will come into effect from 6 December 2023 that include provisions on fixed term employments contracts....
27 August, 2023