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Wrong side of the tracks: criminal record discrimination

Hall & Wilcox
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Australia
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April 18 2012

In the recent case of Mr CG v State of NSW (Rail Corporation NSW) 2012, the NSW passenger train operator, RailCorp was found to have discriminated against a job applicant based on his criminal record

Common law contract not enough to support a general protections claim

Hall & Wilcox
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Australia
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November 10 2011

In an important decision for employers and employees, the Federal Court has ruled that the existence of a common law employment contract is not enough to support an employee’s general protections claim under the Fair Work Act 2009 (Cth) (FW Act

Restraints in labour hire agreements

Hall & Wilcox
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Australia
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November 10 2011

Two decisions by the Federal Court earlier this year confirm the ability of labour-hire and outsource provider companies to protect revenue streams by relying on non-solicitation restraints to prevent contractors from dealing directly with clients

Protecting your business with enforceable restraint clauses

Hall & Wilcox
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Australia
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November 23 2010

Two recent New South Wales Court of Appeal decisions suggest that employers can rely on well-drafted restraint clauses to prevent former employees from soliciting clients and competing against them

Employees or independent contractors?

Hall & Wilcox
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Australia
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April 18 2012

In another recent Federal Court decision concerning the vexed question of employment status of workers, the court has held that independent contractors were in fact employees (Ace Insurance Ltd v Trifunovski 2011 FCA 1204

Social media: employee use still a cause for concern

Hall & Wilcox
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Australia
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April 18 2012

Linfox Australia has appealed against the recent controversial decision of Glen Stutsel v Linfox Australia Pty Ltd 2011 FWA 8444, where an employee was reinstated following the termination of his employment for posting offensive comments about his managers on Facebook

When good intentions go bad

Hall & Wilcox
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Australia
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November 10 2011

An employer that mistakenly paid a senior employee a redundancy payment has been told by the Victorian Supreme Court that the employee can keep the payment

OHS and flexible work arrangements: a balancing act for employers

Hall & Wilcox
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Australia
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November 10 2011

The case of Hargreaves v Telstra Corporation Limited 2011 AATA 417 highlights that employers must turn their mind to issues of safety when considering working from home arrangements

Starting today - increased obligations for employers

Hall & Wilcox
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Australia
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August 1 2011

From today, Victorian employers have more onerous obligations in relation to preventing discrimination and harassment in the workplace

Modern awards update - overtime and absorption

Hall & Wilcox
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Australia
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July 8 2010

Since modern awards commenced on 1 January 2010, there has been some confusion about how to treat increases in employee entitlements that have occurred due to the introduction of these modern awards

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