Blog
Restraints of Trade, often included in contracts of employment, are a valuable tool for employers to ensure that their commercial and competitive interests are preserved after the employee/employer relationship ends. However, it is important if you intend to include a restraint, that it be enforceab...
Section 357(1) of the Fair Work Act 2009 (Cth) states that an employer must not represent that a contract of employment is a contract for services under which the individual performs work as an independent contractor, otherwise the employer is at risk of the employee seeking Court orders for the pay...
There are significant financial and managerial benefits for businesses relying on a workforce which consists of independent contractors (who can be engaged as required depending on the workload), rather than employees (who are engaged on a more permanent basis, irrespective of the workload). Unfortu...
Workplace bullying takes place if:
- a person or group of people repeatedly act unreasonably towards a worker or a group of workers - such as victimising, humiliating, intimidating or threatening;Â and
- the behaviour creates a risk to health and safety.
Whether or not such behaviour is unreasonab...
It is commonly thought that when a business is sold, particularly if it is described as being sold as a "going concern", the employees will continue to work in the business, although under a new owner.
This is not necessarily the case.
When there is a transfer in ownership of the business:
- the ...
We have all heard of the saying – “be proactive, rather than reactive” – but what does that actually mean, particularly when you are talking in the context of a business? It means taking steps sooner rather than later to avoid issues arising, rather than only taking steps once the issue has arisen –...
