Employer gets access to Employee email and iphone
The Federal Circuit Court has ordered an ex-employee of International Warehousing Distribution Pty Ltd (“International Warehousing”) to submit his personal Gmail account, iPhone and iPad for inspection by an independent specialist to determine whether he misappropriated confidential business information. In coming to this decision, the Court accepted that access to these personal electronic devices was […]
SMALL BUSINESSES WIN SUPPORT FOR UNFAIR CONTRACT PROTECTIONS
UPDATE: The information in this article has been superseded by amendments to the legislation since publication. You can find our more recent article on this subject here. States and territories across Australia have confirmed their support for legislation to extend unfair contract protections for small businesses. This support was garnered after a 10 week consultation […]
RESTRAINTS OF TRADE IN EMPLOYMENT CONTRACTS: KNOW YOUR PRODUCT
If restraints of trade are designed to stop employees from working for a competitor, why do they so often fail in Court? The simple answer is that many employers use generic restraints that fail to account for the specific employer-employee or employer-contractor relationship sought to be protected. The case of Informax International Pty Ltd v […]
Outdated Award Awareness – inefficiency costs $4.8 million
When was the last time you checked the award rate for your employees? For one employer, a review of its pay practices revealed it owed almost $4.8 million to employees for underpaid overtime rates. Overtime Oversight In November 2014, Aged Care Services Australia Group Pty Ltd (ACSAG) undertook a self-initiated review that revealed 4,850 former […]
DISAGREEMENT OR DISMISSAL: ARE DIFFERENT MANAGEMENT STYLES A CAUSE OF CONSTRUCTIVE DISMISSAL?
On 8 July 2014, after yet another disagreement with his employer, Mr Thomas Concannon walked out of work at Portland District Health (PDH). He later filed an unfair dismissal claim with the Fair Work Commission (FWC), arguing that he was effectively dismissed as he had no other option than to resign. However, the FWC disagreed. […]
A $3 MILLION LESSON IN EMPLOYER OBLIGATIONS
Employers beware; not just employees might be bound by company policies! This month, in James v The Royal Bank of Scotland [2015] NSWSC 243 the New South Wales Supreme Court found that a redundancy policy formed part of an employee’s contract of employment, costing the employer close to $3 million for a single redundancy payout. […]
Unfair or Just uncooperative? Dismissal for Unresolved Employee Conflict Was Fair.
Ever had an interpersonal employee conflict that doesn’t end? Where two people despise each other and no matter how you try to resolve the issue they refuse to get along? In a recent case, the full bench of the Fair Work Commission (FWC) found that an employer did not unfairly dismiss an employee after a […]
Workplace Issues in 2015
Peter McNamara reports on what should be key issues this year 1. 2014 “Stop Bullying” Jurisdiction The FWC ‘Stop Bullying’ jurisdiction proved a toothless tiger in 2014, with very few stop bullying orders being made. However the press reporting has made employees are now more aware of their rights, in particular, that that Workers Compensation and […]
GOOD FAITH FRANCHISING KICKS IN ON 1 JANUARY
Come 1 January 2015, Australian franchises will be governed by a new Franchising Code of Conduct (the Franchising Code). Australia’s 73,000 franchisees, 1,180 franchisors and the 407,000 people employed in the sector will all be affected. What is a franchise and why is the Code important? Franchising is a now prolific way of doing business. […]
HOLIDAY LETTINGS UNLAWFUL IN SOME RESIDENTIAL AREAS
Investors may need to think twice before letting out their property for short term holiday lettings. A home owner on the NSW Central Coast was fed up with noisy parties next door. The house was let to short term tenants for parties, involving, “loud music, flashing lights, bucks and hens nights "(sometimes involving strippers, or […]