Latest publications
Can the Springboard principle be applied to restrain a former employee?
In Brief Employers have struggled in the past to find ways of restraining a former employee from setting up in competition and from soliciting their clients and their goodwill in the absence of a dedicated restraint of trade covenant contained in the employee’s contract of employment. However, a recent decision of the Federal Court of…
Defamation alleged in relation to teacher performance report
In Brief A recent action in defamation commenced by a person engaged as a casual teacher for a period of 1 month at a country high school, has cast the spotlight on the need for employers generally, to ensure performance processes and assessments are handled with extreme caution. In this instance, the teacher concerned has sued…
Demise of implied term of mutual trust and confidence — High Court decision
In Brief The legal fraternity has been eagerly awaiting the decision of the High Court in the case of Commonwealth Bank of Australia v Barker [2014] HCA 32 (10 September 2014). The issue for consideration involves whether in employment contracts, the common law of Australia implies a term of mutual trust and…
Can termination upon reasonable notice still be implied into an employment contract?
In Brief The traditionally accepted notion that an employment contract with no express notice provision may require an employer to provide or pay “reasonable notice” has increasingly come under the spotlight. Generally speaking (absent summary termination for misconduct), when the need to terminate employment arises, notice of termination is required to be…
Legal professional privilege and investigation reports
In Brief A recent decision of the Federal Circuit Court in an adverse action claim, has served to remind us of the pitfalls of lawyers carrying out investigative work for clients and then giving them legal advice based on their investigation. In this case legal professional privilege was held to have been waived…
Request for Flexible Working Arrangements
In Brief When companies receive employee requests for flexible working arrangements, understanding if they can accommodate their employee’s need for flexibility, whilst still maintaining their business and client interests can be a difficult balancing act. In a business environment where there are competing interests between employers, employees and clients it’s difficult to strike the…
Adverse Action claims available despite lengthy absence from work
In Brief The Federal Circuit Court has dispelled any lingering doubts as whether or not employers can safely terminate employment following a lengthy absence from work, and without potentially facing discrimination claims arising from the termination. The Facts This issue arose in the context of termination of an absent employee, a Mr McGarva, who…
NABERS Certification: Don’t get caught on the wrong side of the fence
In Brief With the commercial property market heating up, if you are a vendor or a lessor you should ensure that your building has appropriate NABERS certification in place. The Commercial Building Disclosure (CBD) Program requires vendors and landlords of disclosure-affected buildings to obtain a Building Energy Efficiency Certificate (BEEC), before the building goes…
Practice note: Approval of provisional liquidator’s remuneration
In Brief In the Matter of CB Constructions (NSW) Pty Ltd [2014] NSWSC 913 is a recent decision of Justice Black which provides a timely reminder of the matters which need to be addressed when seeking court approval for the remuneration of a provisional liquidator under section 473(2) of the Corporations Act 2001 (Cth)…
Unfair dismissal and the high income threshold
In Brief In this article our employment team provides details on the high income threshold that increased from 1 July this year. The increase highlights the importance of closely reviewing and assessing what the employee’s actual earnings are when faced with a claim for unfair dismissal. The opportunity for a terminated employee to make an…