New laws introduce no-fault civil penalties for employers who fail to ensure employees have correct work visas and provide new investigative powers to the Department of Immigration and Citizenship. Changes …
Restraining ex-employees from poaching clients
Contracts to stop an ex-employee from poaching a company’s clients need to be carefully worded. A post-employment solicitation restraint is a clause in an employment contract that seeks to ensure …
Out of Hours Conduct leads to Dismissal
Employees should be aware that where out-of-work misconduct has an adverse effect on the workplace, it can constitute reasonable grounds for dismissal under the Small Business Fair Dismissal Code. Employers …
Constructive Dismissal
By Jacob Carswell-Doherty What is a “constructive dismissal”? Constructive Dismissal occurs when an employment contract is forfeited because the employer says or does something that the employee can reasonably treat …
Individual Employment Contracts
In 2012 about 38% of all employees were bound by an individual employment contract. An employment contract is a contract between an employer and an employee that governs the employment …
Employee Loses Appeal after being Sacked for Sending Porn
An Australia Post employee who was sacked after sending pornographic emails from his work email address to a friend, had initially been reinstated, but finally the courts found his dismissal …
What is unfair dismissal?
By Jacob Carswell-Doherty An employee may be eligible to lodge an application for unfair dismissal with Fair Work Australia if they have completed the minimum employment period of: – 12 …