By Jacob Carswell-Doherty The California Labor Commission in the United States recently decided that an individual Uber driver was in fact an employee of Uber under Californian employment laws. Uber takes …
Non-compete and restraint of trade in employment contracts
By Jacob Carswell-Doherty Employers are increasingly taking former employees to Court to enforce restraint of trade clauses in a contract following a termination/resignation of employment, but where does the …
How does the Fair Work Commission determine Adverse Action and General Protection matters?
Under the Fair Work Act 2009 employees are able to make an application to the Fair Work Commission (FWC) for adverse actions (such as termination or negative treatment) made against …
How does the anti-bullying scheme in the Fair Work Act apply to you and your employees?
Since the introduction of the new anti-bullying legislation, located in the Fair Work Act 2009 (‘FW Act’), many employers and employees have questioned if these provisions apply to them. The …
Unfair Dismissal for Mental Illness
Employers face significant challenges and risks when seeking to dismiss employees suffering from mental illness. The Fair Work Commission has found that an employee had been unfairly dismissed from his …
Overseas Posting not a Right
A Fair Work Commission decision sheds light on the obligation of multinational companies to consider overseas employment for employees affected by redundancy. The commission found the failure of a multinational …
Bullying at Work – Fair Work Commissioner warns against Excessive Sensitivity
Individuals have a relatively high threshold to attain in order to establish workplace bullying. In the case, a recruitment coordinator team leader was sacked for bullying a member of staff. …
What is the Small Business Fair Dismissal Code?
A business is a small business employer if it employs fewer than 15 employees at the time of the dismissal of the employee for misconduct or poor performance. Even though …
Making an appearance
Individuals should be prepared to present their case in the Fair Work Commission. A new case in the Fair Work Commission (FWC) has confirmed that lawyers need to seek permission …
Duties and responsibilities as important as job title
Employers should be aware that varying an employee’s duties and responsibilities may have the effect of repudiating the employment contract, particularly if it materially impacts on the employee’s status within …
