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Worth Knowing

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

In Mad Max dispute, all (Fury) roads lead to arbitration

So, let’s play a little word association game – what do you come up with if we give you “Mad Max” and “alternative dispute resolution”? There are, of course, a few different possibilities.   You might be thinking of the crowd in Mad Max: Beyond Thunderdome chanting, “Bust a deal, face the wheel” (which is one

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April 27
2018
Commercial 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

Parental advisory – when are parent companies (and their directors) liable for subsidiaries’ safety breaches?

In June 2012, a worker was seriously injured when he fell from the bucket of a loader in which he was working at a mine in Broken Hill.  The mine was operated by a company called Perilya Broken Hill Limited (PHBL).  As a result of the incident, both PBHL, and its parent company, Perilya Limited (Perilya),

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March 5
2018
Work health and safety

If it’s not original, it will be dismissed Swiftly – the lessons from the “Shake it off” copyright case

When reading legal cases, it is common to see references to the work of learned legal authorities.  It is less common to see references to the work of Fleetwood Mac, Cypress Hill, Outkast and Sir Mix-A-Lot.  However, in a recent US case alleging copyright infringement by singer Taylor Swift and her songwriting team, it was the judge’s

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February 23
2018
Intellectual property law

Worth knowing – 2018 tour dates

The February/March CLE season is fast approaching and, as usual, Angus Macinnis will be out on the road flapping his mouth at people who have, for some reason, even agreed to pay money for that “privilege”.  There are three seminars coming up in the next few months which might be of interest to you, if

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January 18
2018
SVL in the community

Uber driver’s unfair dismissal claim deactivated by Fair Work Commission

The very beginning, the song tells us, is a very good place to start – but not all beginnings are created (or described) equally.  If you were beginning a job, you might begin by being “recruited” or “inducted” (unless the job was driving for Uber, in which case you would be “onboarded”).  And if Uber

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January 9
2018
Employment Law

Sexual harassment – when are “historical” claims out of time in Australia?

In recent days, there has been a lot of media coverage of what are beginning to be called “historical” sexual harassment claims alleging harassment by Famous Men.  As some of those Famous Men are starting to respond to this coverage with defamation proceedings, it is unnecessary for us to name any names.  You know who

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December 21
2017
Employment Law

StevensVuaran Lawyers on termination of employment in Australian Dairy Foods magazine

From time to time, we like to spread the word  of what we do beyond the corners of this website. The word has spread as far as this month’s edition of Australian Dairy Foods Magazine, which includes an article by Angus on what it means to “take the initiative” in relation to the termination of

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December 1
2017
Agribusiness law Employment Law
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