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Blackmagic in the Federal Court

Piper Alderman
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Australia
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June 25 2010

A recent Federal Court of Australia judgment has emphasised the need for employers to be specific when creating non-competition and copyright obligations for employees under employment contracts

Onus on employees to maintain confidence

Piper Alderman
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Australia
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June 3 2010

Fair Work Australia has upheld the dismissal of a woman by Telstra for accessing and circulating a document that was not marked as confidential, but was clearly not intended for dissemination

Misleading and deceptive conduct during pre-employment negotiations

Piper Alderman
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Australia
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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

Full bench overturns mandatory arbitration decision

Piper Alderman
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Australia
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June 3 2010

In the February 2010 edition of Employment Matters, we reported that Fair Work Australia (FWA) had ruled that a provision guaranteeing a right of arbitration by an independent third party was an "essential ingredient" for dispute resolution clauses in enterprise agreements

Payback for bullies

Piper Alderman
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Australia
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May 25 2010

The Melbourne Magistrate's Court has sent a strong message against bullying in the workplace after convicting and fining a company and four individuals responsible for workplace bullying that ultimately led to the suicide of 19-year-old Brodie Panlock in 2006

Inherent requirements error leads to reinstatement

Piper Alderman
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Australia
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February 17 2010

One of the questions most frequently asked by employers is how to best manage employees suffering from a non-work related injury or illness, especially when it appears as though they can no longer perform the inherent requirements of their position

Summary dismissal or only a letter of warning? Review of the decision in Benson v Airlite Windows Pty Ltd 2009 FWA 1850

Piper Alderman
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Australia
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February 17 2010

Mr Benson worked for Airlite Windows Pty Ltd (Airlite) for 9 months before being summarily terminated for "harassment behaviour towards other fellow employees"

Are you my employer? Or not?

Piper Alderman
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Australia
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February 17 2010

It is not uncommon that Australian courts are asked to consider whether an individual is an employee or an independent contractor

Strict adherence to the minimum employment period: review of the decision in Prigge v Manheim Fowles Pty Ltd 2010 FWA 28

Piper Alderman
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Australia
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February 17 2010

Under the (FW Act) employees are not entitled to pursue an unfair dismissal claim where their employment has been terminated prior to the completion of the minimum employment period

Court orders $466,000 damages for discrimination in the workplace

Piper Alderman
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Australia
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October 6 2009

Discrimination and sexual harassment in the workplace can expose employers to very large liabilities

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