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Wide deed of release defeats valid disability discrimination claim

Clayton Utz
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Australia
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May 9 2013

A recent decision of the Federal Magistrates Court of Australia has provided a timely reminder that great care must be taken when drafting deeds of

Interlocutory relief for restraint of trade clauses - Red Bull Australia Pty Ltd v Stacey

Clayton Utz
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Australia
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April 17 2013

A recent decision of the Supreme Court of New South Wales demonstrates a willingness of the court to hold executives to their agreement not to compete

Moretti v Heinz: why am I being "performance managed"?

Clayton Utz
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Australia
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April 16 2013

In determining whether an employee has been unfairly dismissed under the Fair Work Act 2009 (Cth), Fair Work Australia (FWA) is directed to consider a

Legitimate performance management not adverse action

Clayton Utz
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Australia
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April 4 2013

A recent Federal Court decision upheld that performance management arising out of legitimate concerns and motivated by good management outcomes does

Penalty rates here to stay: implications for employers

Clayton Utz
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Australia
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March 28 2013

Recent developments have severely dented the hopes of business groups that penalty rates for workers will be reduced or reconsidered in the near

WH&S harmonisation delayed again

Clayton Utz
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Australia
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March 14 2013

Given the current state of play with the WH&S harmonisation process, businesses should review their compliance. As the harmonised Workplace Health

Federal Government flags change to Fair Work Act to protect penalty rates in law

Clayton Utz
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Australia
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March 14 2013

In a move which is sure to create controversy among employers and business groups, Prime Minister Julia Gillard has announced that the Fair Work Act

WH&S laws and the injured worker: one breach of duty does not causation make

Clayton Utz
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Australia
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March 14 2013

Unless a worker's injury is caused by a breach of legislation, an employer will not be liable for both the breach of the Work Health and safety

Employer's global sexual harassment policy fails to pass muster

Clayton Utz
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Australia
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March 14 2013

A global policy that did not address specific Australian requirements meant an employer did not take all reasonable steps to prevent sexual

WH&S regulators step up activity - time for a WH&S health check?

Clayton Utz
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Australia
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March 14 2013

There's been an increase in WH&S regulatory activity over the last few months, especially in Victoria, Queensland and the Australian Capital

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