All publications relating to ‘Richard Ottley’
Can you sack a worker by text message?
In brief Hutchison Ports’ recent dismissal of nearly 100 of its employees by a midnight text message has made headlines around Australia. It has also sparked outrage and huge protests amongst its workforce. This article looks at some of the issues arising from this communication style when it comes to terminating employment. The…
Directing an employee to go on gardening leave
In Brief When an employment relationship comes to an end, there are various mechanisms available to an employer to protect their business interests from an ex-employee. One such mechanism is to place the employee on gardening leave. Habersberger J of the Victorian Supreme Court described “gardening leave” as a “colloquial or euphemistic…
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…
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…
Germany bans employers from contacting employees outside of work hours
In Brief It has been reported that in July 2013, German born Chief Executive of Swisscom, Carsten Schloter, sadly committed suicide just weeks after providing a candid interview to the Swiss media which provided an insight into the increased pressures and stress he felt caused by modern communication systems. In one media…
$105,000 awarded for defamatory tweets
In Brief The District Court of NSW has ordered a Defendant who posted defamatory statements on Twitter and Facebook about a local school teacher, to pay $105,000 in compensatory damages .This decision, the first of its kind in Australia, sends a clear message that personal attacks using social media will not be tolerated. The Facts…