A court has ruled two workers breached their employment contracts, in the absence of any restraint terms, after retaining confidential client information and establishing a competing business.
Two employees breached their duties of good faith and fidelity in poaching their former employer's clients after amending their contracts, the Federal Court has ruled.
Giving a senior employee three months' notice of termination, then summarily dismissing him on "inexplicable" grounds after just a month, had the potential to cause such "extreme" damage to his reputation that it warranted $450k in damages, a court has ruled.
One employer will have to face an unfair dismissal claim lodged outside the 21-day timeframe after the Fair Work Commission accepted the employee had no internet access, but another employee has failed to prove his poor mental health prevented timely lodgment of his claim.
Two employees have successfully argued that their post-termination mental health should excuse their late unfair dismissal claims, in separate cases before the Fair Work Commission.
An external email implying an employee was sacked for "disciplinary reasons" was defamatory, a court has ruled in awarding him more than $230k in damages.
An employer's decision to sack a worker for serious misconduct would have been unfair were it not for facts that emerged immediately after his dismissal, the Fair Work Commission has ruled.
A manager who set up a business in competition with her former employer has been ordered to refile her defence to allegations she breached post-employment restraints and stole its confidential information.
Modifications to an employee's incentive scheme and role effectively repudiated his employment contract, leaving his employer powerless to stop him from courting former clients, an appeal court has found.
Managing absent or incapacitated employees is always tough to get right, and myriad case law highlights the consequences of mishandling this area. Attend this HR Daily webinar for an up-to-date review of relevant legislation and rulings in this space.