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Results: 1-10 of 221

When are employers responsible for the actions of their employees?
  • Piper Alderman
  • Australia
  • July 19 2012

In the recent decision of Blake v JR Perry Nominees Pty Ltd 2012 VSCA 122 the Victorian Court of Appeal considered when an employer will be vicariously liable for their employee’s actions


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


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


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


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


Employee or contractor?
  • Piper Alderman
  • Australia
  • July 13 2012

The issue in determining the difference between an employee and independent contractor has recently come before the Full Court of the Industrial Relations Court in South Australia


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


Termination payments: is annual leave loading payable and is there a retirement age?
  • Piper Alderman
  • Australia
  • March 20 2015

On 27 February 2015, Justice Buchanan of the Federal Court of Australia delivered a judgment that considered two questions regarding the interaction


Accrual of leave during workers compensation absence
  • Piper Alderman
  • Australia
  • January 22 2015

The Federal Circuit Court has held that in New South Wales, a worker can accrue leave and receive workers compensation simultaneously. In the case of


Quiche and schnitzel scammer ends up with egg on his face
  • Piper Alderman
  • Australia
  • January 22 2015

If you have been to Wollongong, it is possible that you have experienced the Northgong Hotel’s “world famous schnitty”. The Northgong Hotel Bistro may