Court extends restraints for former Employsure workers
An employee subject to an injunction has been further restrained from trying to solicit employees away from a workplace relations advisor to a potential competitor. » more »
Post-employment risks & restraints (43 items)
Employsure restrains employee from working with Elmo
A court has rejected that a date error in an employee's resignation rendered it invalid, while granting an employer an injunction restraining him from working for a potential competitor. » more »
Expect restraint disputes to rise: lawyer
Employers should be on notice that restraint of trade disputes are likely to rise this year, with a lawyer warning that exiting employees need firm reminders about their post-employment obligations. » more »
Q&A: Managing workers with secondary employment
The pandemic has increased the number of workers engaging in secondary work or 'side gigs', with serious implications for employers. This Q&A addresses critical policy and practice considerations. » more »
Secondary employment was misconduct, dismissals upheld
An employee breached her duty of fidelity to her employer by running a business that directly competed with it, the Fair Work Commission has ruled in finding her misconduct termination fair. Meanwhile, two other employees have lost similar unfair dismissal claims. » more »
Ex-employees to pay damages after retaining, soliciting employer's contacts
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. » more »
Employer wins injunction over alleged data breach
An employer has won an injunction against a former employee who allegedly accessed information on its database for unlawful purposes. » more »
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 »
$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 »
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