ARTICLES

Employment Law

“Alleged ‘hooning’ in council vehicle leads to dismissal for timesheet fraud – our top 3 tips for employers”

By NB Lawyers | October 22, 2020 |

We have recently reviewed a decision[1] of the Fair Work Commission (the Commission) involving the Southern Midlands Council, Tasmania (the Council) and an animal management employee.  The decision serves as a useful reminder for employers who provide vehicles to their employees to have clear policies in place regarding their usage.   A bit of background on…

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The Pink Folder – Senior Employees and their duties of trust and confidence (3 Tips for Employers)

By NB Lawyers | October 20, 2020 |

Senior employees are often in a position of trust with their employers, to the extent they may owe an implied common law duty of fidelity to their employer, irrespective of the terms of their employment contract. This duty is often implied as a result of a senior employee’s access to confidential information, their knowledge of…

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Top 3 tips – Employers can avoid a $1.34 Million underpayment claim

By NB Lawyers | October 15, 2020 |

A recent Federal Circuit Court decision has seen 48 employees of Macquarie Bank being awarded in total $1.34 Million in underpayment of wages.  Ranging from non payment of: Annual leave loading Periods of annual leave Personal/carers leave (sick leave) Compassionate leave Public holiday leave This was even though in the context of the Modern Award…

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Top 5 Tips on Restraint of Trade for Employers

By NB Lawyers | October 9, 2020 |

#1 Identify when a ‘restraint of trade’ clause is necessary Naturally, employers don’t want their former employees setting up shop next door in direct competition of the business. In our experience, the threat of a current or potential employee becoming direct competition doesn’t always cross an employer’s mind until it is too late. Therefore, our…

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Top 3 tips to manage workplace rumours and gossip (and save a $40K payout)

By NB Lawyers | October 6, 2020 |

A recent decision of the Fair Work Commission has resulted in an employee being awarded the maximum compensation of 26 weeks pay (a little over $40,000) after it was held she was constructively dismissed. The constructive dismissal arose after the employer accused the employee of spreading malicious rumours in front of the entire workplace. In…

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