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Results: 1-10 of 248

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


Further developments in the implied term of reasonable notice of termination - McGowan v Direct Mail and Marketing Pty Ltd 2016 FCCA 2227
  • Piper Alderman
  • Australia
  • December 22 2016

Earlier this year we wrote about the case of Kuczmarski v Ascot Administration PL 2016 SADC 65 (Kuczmarski), in which the SA District Court held


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


Is there still an implied term of reasonable notice on termination?
  • Piper Alderman
  • Australia
  • July 25 2016

It is generally accepted that where a contract of employment has no agreed duration and makes no provision for termination, the common law will imply


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


Dismissed employee allowed to back out of settlement
  • Piper Alderman
  • Australia
  • January 21 2011

A Full Bench of Fair Work Australia has allowed an employee to pursue his claim for unfair dismissal despite agreeing to settle the dispute with his employer outside of court


Defining a “casual” employee
  • Piper Alderman
  • Australia
  • June 20 2013

In a decision that is likely to be welcomed by employers, the Full Bench of the Fair Work Commission has refused redundancy pay to workers who were


Breach of confidence
  • Piper Alderman
  • Australia
  • March 20 2015

A recent decision in the Western Australian Supreme Court held that a person can be awarded damages on the basis of emotional distress caused by a


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


Employee’s refusal to attend medical examination results in valid dismissal
  • Piper Alderman
  • Australia
  • July 25 2014

In the recent decision of Darrin Grant v BHP Coal Pty Ltd 2014 FWCFB 3027, the Full Bench of the Fair Work Commission upheld the decision of