Bonus scheme excluded when calculating whether salary within unfair dismissal income cap; 5% of labour force underemployed, says ABS; and Other countries looking to 457 visa model, says paper
A restraint of trade clause that prevented a former Perth funeral parlour manager from working in the same industry after leaving the company has been found to be unenforceable by the Western Australian Supreme Court.
A full bench of the NSW IRC has upheld a finding that the sacking of a court officer for both harassment and sexual harassment was unfair, but said it made its ruling "not without hesitation" and warned that "no employee who engages in harassment of any kind could take any comfort from our decision".
Sacked employees might have a new common law avenue for unfair dismissal claims after a NSW Supreme Court decision implying duties of confidence and good faith in employment agreements.
Security transport firm Brink's Australia has won a court order to stop a former executive from enticing customers to a rival group of companies in breach of restraint of trade and confidentiality clauses in his employment agreement.
Shadow IR Minister Julia Gillard has hinted that the ALP might compromise with small businesses on its planned unfair dismissal policy, including conducting fast-track hearings on-site rather than in the AIRC.
The AIRC has agreed to hear a challenge to a late unlawful termination claim, even though the employer only objected after the case had already gone from conciliation in the Commission to the Federal Court.
