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 …
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 …
Court enforces restraint of trade to protect confidential information
In the case of DP World Sydney Ltd v Guy [2016] NSWSC 1072 the NSW Supreme Court enforced a restraint of trade clause against an employee to protect confidential information. …
Intellectual property (IP) and employees
Employees generate IP necessary for your business to run, they might also have access to and use your IP in the course of their employment. How do you protect your …
Are you a victim of sham contracting? 4 things you need to know
Sham contracting is when an employer misrepresents employment as an independent contracting arrangement. An employer will have contravened the Fair Work Act if they represent or say that someone is …
Post-employment restraint of trade – clients & customers
By Jacob Carswell-Doherty Most employment contracts now contain a post-employment restraint of trade clause which restricts employees from working with clients or customers of the employer following termination of employment. We …
