In the case of DP World Sydney Ltd v Guy [2016] NSWSC 1072 the NSW Supreme Court enforced a restraint of trade clause against an employee to protect confidential information. …
Intellectual property (IP) and employees
Employees generate IP necessary for your business to run, they might also have access to and use your IP in the course of their employment. How do you protect your …
Are you a victim of sham contracting? 4 things you need to know
Sham contracting is when an employer misrepresents employment as an independent contracting arrangement. An employer will have contravened the Fair Work Act if they represent or say that someone is …
Post-employment restraint of trade – clients & customers
By Jacob Carswell-Doherty Most employment contracts now contain a post-employment restraint of trade clause which restricts employees from working with clients or customers of the employer following termination of employment. We …
Are Uber Drivers Independent Contractors Or Employees?
By Jacob Carswell-Doherty The California Labor Commission in the United States recently decided that an individual Uber driver was in fact an employee of Uber under Californian employment laws. Uber takes …
Non-compete and restraint of trade in employment contracts
By Jacob Carswell-Doherty Employers are increasingly taking former employees to Court to enforce restraint of trade clauses in a contract following a termination/resignation of employment, but where does the …
How does the Fair Work Commission determine Adverse Action and General Protection matters?
Under the Fair Work Act 2009 employees are able to make an application to the Fair Work Commission (FWC) for adverse actions (such as termination or negative treatment) made against …
How does the anti-bullying scheme in the Fair Work Act apply to you and your employees?
Since the introduction of the new anti-bullying legislation, located in the Fair Work Act 2009 (‘FW Act’), many employers and employees have questioned if these provisions apply to them. The …
Unfair Dismissal for Mental Illness
Employers face significant challenges and risks when seeking to dismiss employees suffering from mental illness. The Fair Work Commission has found that an employee had been unfairly dismissed from his …
Overseas Posting not a Right
A Fair Work Commission decision sheds light on the obligation of multinational companies to consider overseas employment for employees affected by redundancy. The commission found the failure of a multinational …