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Clayton Utz | Australia | 12 Oct 2017

The importance of well-drafted garden leave period clauses

Review employment contracts to ensure employers are expressly entitled to direct an employee to take a period of garden leave during a notice period


Clayton Utz | Australia | 27 Oct 2016

Restraint unenforceable - CFO free to jump ship to fierce rival

Clauses which are too broad are unlikely to be enforceable, as they are unreasonably restrictive on the employee's ability to obtain other employment


Clayton Utz | Australia | 5 Feb 2015

Getting shipshape (or one hull of a problem): incorporating policies into employment contracts

When does a company's policy become part of the employment contract and create obligations binding on both the employer and its employees? A recent


Clayton Utz | Australia | 10 Sep 2014

High Court finds no implied term of mutual trust and confidence in Australian employment contracts

The High Court's decision today in Commonwealth Bank of Australia v Barker 2014 HCA 32 confirms that there is no implied term of mutual trust and


Clayton Utz | Australia | 15 May 2014

Work health and safety can trump injured workers' right to return to work

Managing work-related injuries is often a delicate exercise, with multiple - and sometimes conflicting - issues. For example, what is the employee


Clayton Utz | Australia | 18 Jul 2013

When does altering an employment contract amount to repudiation?

To what extent can you vary an employee's duties and responsibilities before you have signalled that you no longer intend to be bound by the


Clayton Utz | Australia | 1 Jul 2013

Employer repudiated the contract by hiring new department head

Justice Sackar's recent decision in Paul Fishlock v The Campaign Palace Pty Limited 2013 NSWSC 531 serves as a useful exposition on employment law


Clayton Utz | Australia | 28 May 2013

Who's the boss: the impact of multiple employment and successive contracts

In an area that is rarely tested, the Full Federal Court has come down in favour of recognising continuity of service with one employer, despite


Clayton Utz | Australia | 16 Apr 2013

Moretti v Heinz: why am I being "performance managed"?

In determining whether an employee has been unfairly dismissed under the Fair Work Act 2009 (Cth), Fair Work Australia (FWA) is directed to consider a


Clayton Utz | Australia | 27 Sep 2012

Employment policies and the implied term of mutual trust and confidence

For the first time the Federal Court of Australia has found an implied term of mutual trust and confidence to exist in an employment contract under Australian law.

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