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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.
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.
The Australian Industry Group is urging the FWC to take a "cautious approach" to the TWU's employee-like and road transport minimum standards test cases and meaningfully engage with industry to avoid the "mistakes" of past road transport regulatory regimes and seeks to limit the involvement of the Road Transport Advisory Group.
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".
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.
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