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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

Termination for domestic violence considered unfair

Clayton Utz
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Australia
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January 31 2013

An employer who terminates an employee based on out-of-hours conduct needs to establish a sufficient nexus between that conduct and the workplace A

Serious misconduct: executive loses $7 million pay-out

Clayton Utz
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Australia
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December 6 2012

Serious misconduct discovered after termination can be used to justify summary dismissal and may result in the employer justifiably withholding certain statutory and contractual entitlements

Fair Work Australia: urine testing an unreasonable intrusion in employee privacy

Clayton Utz
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Australia
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November 8 2012

Competing considerations must be balanced: the need to ensure a safe workplace against the need to protect employees from undue interference by employers in their personal lives

Full Federal Court enforces two year global non-compete restraint

Clayton Utz
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Australia
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September 13 2012

It is crucial, both for employees and for employers, to obtain considered legal advice before commencing or resisting proceedings to enforce a post-contractual restraint

Adverse action claim refuted by employer's workplace investigation

Clayton Utz
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Australia
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August 30 2012

An employer's workplace investigation proved critical in holding that adverse action had not been taken for a prohibited reason

Costs ruling might impact future adverse action claims

Clayton Utz
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Australia
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August 2 2012

Awarding costs in adverse action claims could deter employees from making them and make successful claims more expensive for employers

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