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Gardening leave restraints must be reasonable: Court

The NSW Supreme Court has found restraints in a high-paid broker’s employment contract are only binding for six months, despite clauses in the contract providing that he could be put on gardening leave for a longer period.




Court sets Washington trial dates

The Geelong Magistrates court has today set aside two days in December for the trial of CFMEU official Noel Washington, who has been charged with refusing to attend a compulsory ABCC interview over what occurred at a union meeting.


AIRC releases exposure drafts of priority awards

The AIRC's seven-member award modernisation full bench has today published exposure drafts of the 14 priority awards. The Commission has drafted only one award each for the retail, hospital and manufacturing sectors; set a general 25% loading for casuals; drafted a model redundancy clause for small business; modified the model flexibility clause in once instance only; and did not make the awards binding on organisations.



Federal Court rebuffs Telstra bid to gag unions

The Federal Court has dismissed an application by Telstra to prevent unions from making what the company claimed were misleading statements about a non-union offer it made to its employees.


Common law hasn't been standing still, says Catanzariti

This week's NSW Court of Appeal ruling on employers' implied duty of good faith and fair dealing was one of the cases Clayton Utz partner Joe Catanzariti referred to when he told a Gold Coast conference that while the post-election focus had been on the Federal Government's legislative IR plans, recent common law developments had important implications for employee rights.



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