Published 29 June 2016 A man was issued an injunction to prevent him from working in the media industry for a specified period of time after the Supreme Court of New South Wales found his previous employer had a serious case and not granting an injunction may jeopardise their business. In 2012, Corbett entered into…
Restraint of Trade: BGC Partners (Australia) Pty Ltd v Hickey [2016] NSWSC 90
Published 29 June 2016 The Supreme Court of NSW has ordered that a senior broker who was earning over $400,000 per year and resigned from his employment to take up a lucrative offer from a direct competitor, be restrained for 9 months after a “flagrant breach” of his employment contract. Mr Anthony Hickey commenced employment…
Unfair Dismissal: Peter Mulhall v Direct Freight (Qld) Pty Ltd [2016] FWC 58
Published 29 June 2016 A man who worked as a pick-up and delivery driver for Direct Freight (Qld) Pty Ltd T/A Direct Freight Express was awarded $25,468.13 after the Fair Work Commission found his dismissal was unjust, unreasonable and lacked procedural fairness. In January 2016, Mr Mulhall filed an application under s 394 of the…
Misleading or deceptive conduct and employment contract: Rakic v Johns Lyng Insurance Building Solution (Victoria) Pty Ltd [2016] FCA 430
Published 29 June 2016 A woman who worked at an insurance building company was awarded over $300,000 in damages after the Federal Court ruled her employer had engaged in misleading and deceptive conduct during employment negotiations. Rakic was offered a position at Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd (Johns Lyng) with a base…
Victimisation: Fire Brigade Employees Union of NSW v Fire and Rescue NSW 2016] NSWIRComm 1024
Published 28 June 2016 The Industrial Relations Commission of New South Wales dismissed an application for relief from victimisation after finding the disciplinary action faced by an employee was not due to his political activity but rather a failure to serve the government in a politically neutral manner. Captain Challinor was employed by Fire and…
Unfair dismissal and employment contract: Baird v Crowe Horwath (Aust) Pty Ltd [2016] FFCA 1379
Published 28 June 2016 The Federal Circuit Court found termination without notice can be valid where the employee commits a serious breach of their employment contract. Mr Baird’s employment as managing principle of two of the Respondent’s offices was terminated without notice. Mr Baird argued he was entitled to be paid notice either under his…