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Employee’s Restraint Of Trade Voided By Employer’s Non-Compliance With Contract

Restraints of trade in employment contracts may be difficult for an employer to enforce if they have not performed their contractual obligations. This was made clear in a recent decision by the Supreme Court of Victoria (SCV) in a contractual dispute between Crowe Horwath (Aust) Pty L
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Selling a Business and the Transfer of Employee Entitlements

The sale of a business involves the transfer of particular assets of the business from the Vendor to the Purchaser.   This may include, amongst others, goodwill, plant and equipment, stock, intellectual property, licences, registrations, contracts and leases.   In addition to this, th
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Warning to employers: liability for injuries sustained by workers may extend far beyond the workplace

Employers may be found liable for injuries to their employees or contractors that occur long after a work shift has ended and hundreds of kilometres from the workplace. Such was found to be the case in Kerle v BM Alliance Coal Operations Pty Limited & Ors [2016] QSC 304. In that d
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Accounting firm liable as accessory

On 28 April 2017 the Federal Circuit Court of Australia (‘the FCCA’) held, in a precedent setting decision, that an accounting firm was accessorily liable for their involvement in contraventions of the Fair Work Act 2009 (Cth) (‘the FW Act’)[1]. Judge O’Sullivan in Fair Work Ombudsman
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Abandonment of Employment

Abandonment of employment arises where for an unreasonable period of time an employee is absent from work or fails to return to work after a period of authorised leave without communicating or providing the employer any valid reason for the absence. Recent case law has clarified that,
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High Court Provides Guidance On When Employers Will Be Held Liable For Offences Committed By Their Employees

The recent decision of the High Court of Australia (‘the HCA’) in Prince Alfred College Incorporated v ADC [2016] HCA 37 has shed some light on when employers will be held vicariously liable for the criminal acts of their employees and, in particular, acts involving sexual assault. Ba
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Court of Appeal Refuses to Enforce Just Group Ltd’s Broad Restraint of Trade

In the recent case of Just Group Limited v Peck [2016] VSCA 334 the Supreme Court of Victoria Court of Appeal (the Court) adopted a restrictive approach to restraints of trade in the context of employment contracts. Just Group Ltd (JGL) was appealing the decision of the Supreme Court
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Just Group Ltd’s Broad Restraint of Trade Struck Out

Australian retail giant Just Group Ltd (JGL) is licking its wounds after the Supreme Court of Victoria refused to enforce the broad restraint of trade contained in the employment contract of a former Chief Financial Officer (CFO). Just Group Limited v Nicole Peck [2016] VSC 614, which
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Ex-employer Enforces Confidentiality Obligations

The Federal Court has awarded damages and nearly $200,000 in costs against an ex-employee who failed to comply with post-employment obligations.  Justice Moshinsky’s recent decision in SAI Global Property Division Pty Limited v Johnstone [2016] FCA 1333 encompassed employee duties and
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Excessive Annual Leave Balances and Other Amendments to Modern Awards

On 29 July 2016, important changes made by the Fair Work Commission (FWC) to most modern awards came into effect.  The variation of clauses governing excessive annual leave accrual, cashing out annual leave, taking annual leave in advance and payment of annual leave is expected to pro
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