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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


Prince Alfred College Incorporated v ADC 2016 HCA 37
  • Piper Alderman
  • Australia
  • October 12 2016

The High Court has allowed an appeal of the Full Court of the Supreme Court of South Australia in relation to vicarious liability of a school for its


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


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


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


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


WH&S law throws doubt on indemnity
  • Piper Alderman
  • Australia
  • August 6 2013

A recent decision in South Australia has created uncertainty as to whether insurance policies that indemnify directors to allow the avoidance of


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


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