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Results: 1-10 of 149

First round of Fair Work reforms reaches Parliament

  • Piper Alderman
  • -
  • Australia
  • -
  • February 27 2014

The Fair Work Amendment Bill 2014, tabled in the House of Representatives on 27 February 2014, represents the first attempt by the Abbott Government

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

  • Piper Alderman
  • -
  • 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

FWA criticism forces changes to fair dismissal checklist

  • Piper Alderman
  • -
  • Australia
  • -
  • October 26 2010

The Small Business Fair Dismissal Code applies to employers with fewer than 15 full time equivalent employees

Refusing to work mandatory roster of overtime: a workplace right

  • Piper Alderman
  • -
  • Australia
  • -
  • December 18 2012

The broad reach of the provisions in the Fair Work Act was again highlighted in a recent Federal Magistrates Court decision which found that an

Genuine redundancy payment taxpayer over 65 age discrimination

  • Piper Alderman
  • -
  • Australia
  • -
  • August 27 2013

One of the requirements for a taxpayer to be entitled to the tax concession for a genuine redundancy payment is an age requirement. This means that

Misleading and deceptive conduct during pre-employment negotiations

  • Piper Alderman
  • -
  • Australia
  • -
  • June 3 2010

It is important for employers to ensure that expectations created during pre-employment negotiations do not result in allegations of misleading and deceptive conduct

Failure to provide medical evidence for excessive sick leave: a valid reason for dismissal

  • Piper Alderman
  • -
  • Australia
  • -
  • February 28 2013

In the recent decision of Ahern v BM Alliance Coal Operations Pty Ltd 2013 FWC 659, the Fair Work Commission upheld the dismissal of an employee

When is it safe to dismiss for safety reasons?

  • Piper Alderman
  • -
  • Australia
  • -
  • April 28 2011

In the space of a few months, Fair Work Australia (FWA) has dealt with two cases where an employee was dismissed for knowingly breaching an important safety procedure. In one case the employee was reinstated and in the other the dismissal was upheld

Post-employment restraint litigation proves costly for new employer

  • Piper Alderman
  • -
  • Australia
  • -
  • June 20 2013

The NSW Supreme Court has ordered an employer, that was not a party to a post-employment restraint case, to pay legal costs. HRX Pty Ltd v Scott

Pitfalls in dealing with serious misconduct

  • Piper Alderman
  • -
  • Australia
  • -
  • July 13 2012

The importance of putting allegations to an employee properly when serious misconduct is detected was highlighted by the recent Fair Work Australia decision in Somveer Narwal v Aldi Foods Pty Ltd FWA 2056, where Commissioner Cambridge determined that an employee who had clearly breached the employer’s company policy had been unfairly dismissed, and awarded 12 weeks remuneration