Avoiding mistletoe misconduct *

Australia - November 21 2012
Prudent employers can reduce the risks by taking reasonable steps to prevent misconduct or injury and make the function a safe place to have fun.

Co-authors: David Ey, Sharlene Wellard, Erin McCarthy, Tim Capelin.

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When can an employer take industrial action? *

Australia - July 13 2012
In the recent decision of Australian and International Pilots Association v Fair Work Australia [2012] FCAFC 65, the Federal Court has rejected a claim that industrial action taken by an employer must be proportionate or reasonable, in order that it be considered (protected) employer response industrial action.

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Out of time, but not out of luck! *

Australia - February 24 2012
A look at a recent case where an employee who filed his unfair dismissal claim one day late was granted an extension of time.

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Employee’s redundancy imposes barrier to enforcement of non-competition restraint *

Australia - December 1 2011
In the recent decision of Ecolab Pty Limited v Stephen Garland (2011) NSWSC 1095, Justice Brereton of the NSW Supreme Court has refused to enforce a postemployment restraint, which sought to prevent a former employee from competing with his former employer.

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When is an employer really an employer? *

Australia - July 12 2011
In Mr Zhan Gao v Department of Human Services [2011] FWAFB 3050, the case involved a defendant to unfair dismissal proceedings, the Department of Human Services, asserting it wasn’t the employer.

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