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Bench rules out conflict of interest

A Fair Work Commission full bench majority has found that an employee of The Body Shop did not breach her employment contract by working as an independent contractor for another retailer, and was unfairly dismissed when she refused to terminate the engagement.

Serial fraudster pockets nearly half a million

In what four judges agree is an "extraordinary case" involving a "spectacularly bad witness" and a "serial fraudster", a Swan Hill shop assistant will keep almost half a million dollars in back pay and interest after a full Federal Court confirmed that she had not agreed to work for nothing.

Bench backs employer's right to nominate doctor

BHP Coal was entitled to direct a boilermaker to attend an appointment with a company-nominated physician to determine whether he was fit to return to work, and to then terminate his employment when he refused to go, a Fair Work Commission full bench has ruled.

Court refuses injunction in TV network brawl

Both sides are claiming victory in the contractual tug-of-war over veteran programming executive John Stephens, following the NSW Supreme Court's refusal to grant the Ten Network an injunction to stop him taking up a new role with the Seven Network.

FWC rejects employer bid to cut senior employees from deal

The Fair Work Commission has knocked back a major electricity distributor's application to exclude middle managers and senior technical employees from its new enterprise agreement, finding "no persuasive evidence" it would improve productivity and efficiency.

Stigma of dismissal no basis for specific performance order

The Federal Court has refused to reinstate a sales consultant pending the hearing of his wrongful dismissal claim, finding that his relationship with his former employer had broken down and that damages would be an adequate remedy if he ended up winning his case.

Delay in enforcing restraint clause costly for Fairfax

A court has found it seriously arguable that a contractual clause was reasonable in restraining a Fairfax executive from working for a competitor for six months, but refused to order him to comply because the publisher was slow to enforce it and because he had given undertakings not to poach clients or use his former employer's confidential information.

Six month restraint clause reasonable, court rules

An executive must pay his former employer more than half a million dollars for fiduciary and contractual breaches, after the NSW Supreme Court upheld the reasonableness of a contract clause restraining him from working for another advertising agency for six months anywhere in Australia after his employment ended.

CBA tells High Court to ignore House of Lords "trust and confidence" ruling

In one of the most significant employment law cases in the last hundred years, a former Commonwealth Bank executive asked the High Court on Monday to balance the "ledger" by recognising the existence of an implied term of trust and confidence in all Australian employment contracts, while the bank warned it against adopting English law.

Director partly successful in AWA accessory appeal

In another chapter of a long-running case involving a botched attempt to lodge AWAs, a former company director will have the penalty for her role in short-changing 33 call centre workers reduced after the Federal Court cut in half the period in which she was liable as an accessory to her company's breaches.

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