As Employment Lawyers we are in a privileged position to gather perspective on a very challenging time for many clients with uncertainty and fear prevailing.  For others it has been an opportunity to pivot or seek different options to ensure their business survives and thrives. Discussing these points with many in human resources, personnel management…

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#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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  In Australia ‘sickies’ have become part of our identifiable culture. They are joked about with work mates and celebrated within social circles, but for businesses they are a serious problem, impacting both the productivity and profitability of an organisation. With a growing number of questionable medical certificates being used to access sick leave, many employers…

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Unfair Dismissal Applications – When an employee alleges their termination of employment was harsh, unjust or unreasonable, the Fair Work Commission (the FWC) is required to consider a number of preliminary matters[1] including whether the employee was a person protected from unfair dismissal. One of these matters is whether the employee’s dismissal was a case…

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