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Employment Law

August publications in august publications

From time to time, the scribbles we provide for you here find homes in publications even more august than this humble website (it may be hard to believe that you can get more august than this humble website, but true it is).  This month, Angus has articles in the August editions of both the Law

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August 1
2019
Defamation Employment Law SVL in the community

Can you sue an employee who gains employment with a misleading CV?

The provision of misleading CVs by prospective employees can lead to a number of legal problems when the truth is discovered.  In most cases, the employer will dismiss the employee (and provided the investigation has been careful, the employer will usually be on safe ground in doing so). In a number of recent high profile cases, criminal charges

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July 6
2019
Employment Law Litigation and dispute resolution

Can a contract prevent your customers from poaching your employees?

It is common for employment contracts to contain post-employment restraints, but it is less common to see clauses in agreements with customers (for example, in services agreements) which prevent the customers of a business from “poaching” the employees of the business. There are good reasons for this – when post-employment restraints are dealt with in

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February 5
2019
Employment Law Litigation and dispute resolution

The nightmare before Christmas

The days are getting longer. The smell of summer is in the air. The conquest of shopping centre Muzak systems by Christmas carols is (for the next little while, at least) total and complete. Yes, Christmas is coming – but before the season of peace and goodwill to all, first must come the work Christmas

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December 5
2018
Employment Law

Fair Work Commission finds that Foodora delivery riders are employees

What’s the difference between a cycle courier who delivers an envelope, and a cycle courier who delivers an enchilada? The answer, it appears, is “not much”, at least according to the Fair Work Commission (FWC). Last week, the FWC handed down a decision which found that one Mr Klooger, a food delivery worker engaged by

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November 18
2018
Employment Law

The very surprising winner in Australia’s first $1m+ sexual harassment verdict

This story is about a dentist (so we can’t show you his face on television, if anyone is thinking of buying the television rights to this article).  The dentist was alleged to have engaged in sexual harassment, and dismissed from the practice in which he was working. Subsequently, he he was sued, and ordered by the

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October 13
2018
Commercial Law Employment Law

Vicarious liability in Australia – fit for purpose, or fit for “akin”?

When legal liability is imposed upon one person for the misdeeds of another, even though the first person is themselves blameless, this liability is described as “vicarious liability”.  In Australia, vicarious liability arises most often when an employer is held to be liable for the torts of an employee.  Australian law has developed two “central conceptions” in relation to such

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October 1
2018
Employment Law Litigation and dispute resolution

From the archive – “No social media policy? “Not sufficient”, says Fair Work Australia”

[Editorial note – this article was first written by Angus in 2012 when he was at DibbsBarker.  As (a) the article is no longer available on the DibbsBarker website, following the demise of that firm and (b) the article still holds up pretty well in 2018, we have republished it for you]  Any employers who

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May 22
2018
Employment Law

Freezing orders against ex-employees – when should employers move in for the chill?

The discovery that a formerly trusted employee has been defrauding their employer throws up a lot of questions.  How could this have happened? Do I have to involve the police?  And sometimes most importantly, am I ever going to see the stolen money again? Freeze a jolly bad fellow (allegedly) The answer to the third

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May 13
2018
Employment Law Litigation and dispute resolution

Every move you make – court orders employee to keep electronic records as the price of obtaining relief from post-employment restraint

In post-employment restraint cases, a former employee who wishes to escape the full width of the restraint will often give undertakings to comply with part of the restraint.  For example, where a former employer seeks to enforce both non-compete and non-solicitation obligations, the former employee may give an undertaking to comply with the non-solicitation provisions. 

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April 17
2018
Employment Law
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