Browsing: Case law | Page 2 (82 items)


Manager to pay $500K for soliciting clients

An account manager who helped to lure 45 clients to a rival has been ordered to pay $500,000 to his former employer, after a judge highlighted the difficulty of gathering evidence in a case in which one of the manager's mobile phones surfaced after being "immersed in water" and another "met with the unhappy fate of being run over by a lawn mower".


Case threatens a "radical departure" from notion of work: Employer

The charity defending a High Court case with the potential to extend duty of care to the disciplining and sacking of workers has warned that overturning a 115-year-old precedent would "disturb the allocation of risk" in every current employment contract.


"Genuine" apology helps reduce fine for sports giant

A "wealthy" global sports company's mistaken belief that a sacked manager took unapproved days off has contributed to a judge finding that it should be hit with only 25% of the maximum penalty for taking three months to pay out his annual leave entitlements.


Hairdresser's two-year restraint too long: Court

A court has found a low-paid casual hairdresser's two-year restraint on poaching clients "void and unenforceable" because it is "significantly longer" than necessary to protect her former employer's legitimate business interests, taking into account the absence of compensation for the non-compete clause and the nature of client relationships.


Little room for "entrepreneurship" makes worker an employee: FWC

In a decision sure to catch the eye of service providers using rostering apps to keep workers at arm's length, the FWC has found that a home care worker who signed two documents describing her as an independent contractor is in fact an employee capable of suing her employer for unlawful dismissal.


"Insensitive", profane manager loses adverse action case

A European expatriate who regularly swore at his Australian subordinates in an apparent attempt to spur them to achieve work standards expected in his homeland has lost his adverse action case against his former employer, after a court ruled his behaviour warranted summary dismissal.


Union backs bank workers' bid to sustain zombie AWAs

The FSU is backing the requests from 20 CBA workers seeking to extend the life of their zombie AWAs in the wake of a recent full bench finding that one of their colleagues would lose $17,000 in long service leave pay if she reverted to the bank's 2020 agreement.


CEO's sacking for credit card use no "witch hunt": Court

A court has thrown out claims by a HR consultancy's former chief executive that she experienced relentless bullying, unilateral pay deductions and an excessive workload before her unlawful sacking in 2020 for allegedly misusing a corporate credit card.


Lesser LSL entitlement warrants extending zombie AWA

A FWC full bench has extended a CBA worker's AWA because reverting to the enterprise agreement would reduce her long service leave pay by more than $17,000, but it refused the bank's request to keep the details of the individual contract confidential.


Zombie AWA out of tune with times: Bench

The FWC has reinforced its view that zombie agreements should not be extended "merely" because the parties are in harmony, observing that nothing is stopping a charity funded by Australia's orchestras from negotiating a new deal with its valued finance manager.


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