The pandemic has increased the number of workers engaging in secondary work or 'side gigs', with serious implications for employers. This Q&A addresses critical policy and practice considerations. » more »
An employee breached her duty of fidelity to her employer by running a business that directly competed with it, the Fair Work Commission has ruled in finding her misconduct termination fair. Meanwhile, two other employees have lost similar unfair dismissal claims. » more »
A court has ruled two workers breached their employment contracts, in the absence of any restraint terms, after retaining confidential client information and establishing a competing business. » more »
An employer has won an injunction against a former employee who allegedly accessed information on its database for unlawful purposes. » more »
Two employees breached their duties of good faith and fidelity in poaching their former employer's clients after amending their contracts, the Federal Court has ruled. » more »
Giving a senior employee three months' notice of termination, then summarily dismissing him on "inexplicable" grounds after just a month, had the potential to cause such "extreme" damage to his reputation that it warranted $450k in damages, a court has ruled. » more »
One employer will have to face an unfair dismissal claim lodged outside the 21-day timeframe after the Fair Work Commission accepted the employee had no internet access, but another employee has failed to prove his poor mental health prevented timely lodgment of his claim. » more »
Two employees have successfully argued that their post-termination mental health should excuse their late unfair dismissal claims, in separate cases before the Fair Work Commission. » more »
An external email implying an employee was sacked for "disciplinary reasons" was defamatory, a court has ruled in awarding him more than $230k in damages. » more »
An employer's decision to sack a worker for serious misconduct would have been unfair were it not for facts that emerged immediately after his dismissal, the Fair Work Commission has ruled. » more »
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This HR Daily webinar will discuss employers' legal obligations around mental health issues; tips for managing performance, disciplinary and investigation processes where mental illness might be involved; special considerations in light of COVID-19; and much more.
