Court upholds employer's claim after employees breached good faith
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. » more »
Post-employment risks & restraints (36 items)
$450k damages bill for "unsupportable" termination
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. » more »
Employee granted claim extension despite long notice of impending dismissal
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. » more »
Post-termination mental ill health excuses late claims
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. » more »
Employer to pay $230k for defaming ex-employee
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. » more »
Facts discovered after dismissal made decision fair
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. » more »
Manager's defence to restraint breach allegations struck out
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. » more »
Restraint of trade thwarted by bonus scheme
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. » more »
Renegade contractor ordered to return files; and "subcontractor" wins unfair dismissal claim
An employer has won a court order for a contractor to return its confidential information, some three years after they parted ways on unfriendly terms. » more »
Confidentiality breach ruling; New research on training and workplace culture; and more
An employer has proven it has enough ground to suspect a manager's confidentiality breach that it should be allowed access to his USB devices. Meanwhile, studies suggest employers aren't investing enough in information security training and workplace culture development; three new commissioners have been appointed; and more. » more »
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