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Results: 1-10 of 245

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


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


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


Manager’s harassment of contractor out of sight, but not out of the workplace, over drinks
  • Piper Alderman
  • Australia
  • September 24 2014

Giving clear directions to workers prohibiting harassment and bullying connected to the workplace, as well as at the workplace, has become more


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


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


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


Allegations of union corruption - the Royal Commission into union misconduct
  • Piper Alderman
  • Australia
  • October 31 2014

On 10 February 2014, Prime Minister Tony Abbott issued a joint media statement signifying his intention to recommend to the Governor-General the


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


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