Recent News

Can I share a lawyer’s trade secret? Now NOT to enforce post-employment restraints!

Even when employers have introduced restraints that prevent employees from working in competition, those restraints may not stand up. In this NSW case, the court said that the non-compete restraint only stopped the employee from working for a competitor in the part of the business in which they had worked. Keep reading to find out […]

Workplace Watchdog Rips Down the Corporate Veil

Personal liability for those involved in breaches of the Fair Work Act. The Fair Work Ombudsman warns directors and others (known as “accessories”) involved in underpaying workers that they can no longer hide behind the corporate veil. In the last financial year, the Ombudsman sought personal orders against “accessories” in 92% of filed cases. If […]

Mandatory Data Breach Notification Law – What you need to know

Are you a business with an annual turnover of over $3 million AUD or do you provide health, child care or education services or trade in personal information? If you are, then you should get ready now for the new Data Breach Notification Laws that will be effective next year. You are an APP Entity […]

New Penalty Rates – When do they apply?

On 23 February 2017, the Fair Work Commission (FWC) handed down its decision on penalty rates in the hospitality and retail industries. These changes apply: Public Holiday – Hospitality + Retail – from 1 July 2017. Sunday Penalty – TBA – following a May hearing  FWC has invited interested parties to file submissions by 4.00 […]

Fair Work Ombudsman is the New MythBuster

The Fair Work Ombudsman has issued a media release busting the ten myths that leave young employees underpaid. Employers watch out! This year the Ombudsman will be out looking for underpaid young workers. If you are an employer, then you should make sure that you don’t fall for any of the 10 myths or you […]

“We all support ISIS” Facebook sarcasm gets baggage handler sacked and 8 weeks pay for unfair dismissal

A few phrases you won’t hear at an airport are ‘bomb’ and ‘terrorist.’ When a Perth baggage handler posted ‘We all support ISIS’ to Facebook, he got the boot and $4,800 compensation for unfair dismissal. What happened? Aerocare Flight Support terminated Singh’s employment, after he made 5 posts on Facebook under the name ‘Sherry Solus […]

Managing Conflicts of Interest for Charities

As a director or trustee of a charity, you must always act in the best interests of the organisation. However, at times this responsibility can conflict with a director’s personal interests. This is why charities require effective governance – to ensure that these conflicts of interest are identified, resolved or avoided altogether. Conflicts of interest […]

Swearing in the Workplace: the F-Word is ‘Fired’

As employers continue to favour an increasingly relaxed workplace culture, the lines between life and work can become blurred. So is swearing in the workplace acceptable? Could an employee get sacked for dropping the ‘f-bomb’ on a tough day at the office? Recent case law shows that where expletives are concerned, context is everything. Employers […]

You Can’t Pick Your Family, But They Can Claim Your Estate

An ‘eligible person’ can make a claim on your estate if you did not make adequate provision for that person. An eligible person includes a spouse, a former spouse, a child, a person that the deceased was living with or are in a close personal relationship with, or a person who was at a time […]

Database Raid: Party-Party for the Raider

The Story A SAI Global employee jumped ship to a competitor, Infotrack, taking SAI's data with him on a USB stick. However, the raider lost more than bark in the ensuing court battle. First, The employer got urgent orders from the court requiring the employee to deliver up devices, computers and documents and to give […]