By Hayden Nelson On 4 September 2023, the Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Cth) (‘the Bill’) where one of its aims is to shore …
What does a share option plan mean for employees and are there any associated legal risks?
By Sanchit Paul Introduction Share option plans have become a popular form of employee compensation in the corporate world. These plans provide employees and directors with the opportunity to purchase …
Workplace Bullying : A Legal Perspective and Preventive Strategies
By Estephen Bugarin Introduction The topic of workplace bullying has been previously addressed in one of our prior publications on our website. It provided a brief outline of what may …
What separates an employee from a contractor?
By Sanchit Paul Introduction When it comes to engaging with workers, distinguishing between employees and contractors is of vital importance in Australia. The classification determines various legal rights, obligations, and …
Unfair Dismissal Claims for Casual Employees
By Estephen Gear Bugarin When it comes to unfair dismissal, it is common to acknowledge that casual employees are treated differently to employees under full-time/part-time employment. Common questions that come …
Are you Subject to Workplace Bullying?
Workplace bullying has many forms. Some are subtle. Sometimes it involves positive actions, sometimes it doesn’t. Generally, bullying occurs when one or more co-workers put another employee into difficult situations. …
Restraint of Trade
When signing an employment contract with your employer, there are a few items which most people are concerned with (pay, hours, benefits, role). The rest of the agreement tends to …
Restraint of trade in employment – giving of undertakings
The recent case of SAI Global Property Division Pty Ltd v Jones [2018] NSWSC 438 provides a useful reminder of the principles at play for employees and employers when a restraint …
Unit trusts as a way to structure employee incentive schemes
We have previously touched on the importance of shareholder agreements for small businesses. But should owners/founders always use shares and shareholder agreements to incentivize employees? While employee share schemes are …
Showpo v Black Swallow – Why employees have duties under Corporations Act
A recent SMH article explored a situation where Showpo is suing a former employee and another company, Black Swallow, for misuse of company information. The former employee is alleged to …
