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Court refuses to transfer senior ATO manager's GP case

The Australian Tax Office has failed to win a transfer to the Federal Court of a deputy commissioner's adverse action claim against it and senior executives including its chief people officer, after his sacking for underperformance.

Stockbroker's "fanciful" pursuit of advisors proves costly

A Melbourne stockbroking firm and its founder have been hit with compensation orders and penalties totalling more than $600,000, a Federal Court judge also directing them to cover the legal costs of two former advisors forced to defend "fanciful" claims their departure "destroyed" the business.

"Irreparable harm" possible if restraints ignored: Court

As Labor makes non-compete clauses an election issue with a promise to ban them for workers earning less than $175,000 a year, a court has agreed that a major cleaning services company could suffer "irreparable harm" if not granted a temporary injunction to prevent a former manager from soliciting clients or poaching employees.

Last lap for dancer found to be contractor

A lap dancer who worked in a club in Brisbane's Fortitude Valley cannot proceed with her general protections claim after the FWC found she is an independent contractor.

"Strong case" to rein in restraint clauses: Stewart

An IR expert is anticipating a pre-election policy announcement tackling post-employment restraints, as new research reveals their chilling effect on job mobility, the financial toll on workers, and the struggle for those affected to understand and negotiate the restrictions.

Move to Canada broke employee bond: FWC

In what might stand as one of the last FWC cases relying on the High Court's 2022 Personnel decision to establish whether a worker is an employee or an independent contractor, the tribunal has rejected a manager's claim that she maintained the same role at a fintech company despite resigning and signing a contractor agreement as part of a move to Canada.

Workers' pay "is not a 'policy'": Court

A Federal Court judge has slammed a stockbroker founder's "outrageous" behaviour in the course of dismissing a damages claim against two former employees who enticed clients to a rival, while separately finding that he unlawfully deducted almost $50,000 from one advisor's pay to cover travel and entertaining costs.

"Only one Easter miracle" sacking upheld

The FWC has upheld the sacking of a manager on the Andrew 'Twiggy' Forrest-owned Lizard Island who emailed a former colleague's employment contract to a friend with HR experience in an effort to build an underpayment case.

Court enables restraint challenge to be heard in Australia

A recruitment company leader seeking to challenge the restraints in his employment contract and a shareholder agreement has been allowed to continue the case in NSW, after related entities in Great Britain failed to convince the Federal Court to stay the matter because of an exclusive jurisdiction clause.

FWC warned government of income cap trap: Hatcher

Early case law in the new unfair termination jurisdiction for transport workers will determine the interpretation of the $175,000 income limit for applicants, according to FWC president Adam Hatcher, who confirmed the Commission had been consulted "in advance" of it being set and pointed out potential pitfalls.

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