“Post-employment restraints will be enforced only when they go no further than protecting the employer’s legitimate business interests,” writes Allens’ Victoria Eastwood.
Derogatory comments on social media can be a valid reason to terminate an employee’s employment, but a fair process must still be followed to avoid an unfair dismissal ruling. Allens’ Senior Associate Tristan Garcia and Lawyer Jo Seto report on a recent decision of the FWC.
The Full Court of the Federal Court has reinstated employees retrenched in breach of the redundancy terms of their enterprise agreement, even though the employer had adequately consulted with them. Senior Associate Tarsha Gavin and Lawyer Tom Kavanagh of Allens report.
The FWC has ordered the reinstatement of an employee dismissed for inappropriate and unsafe workplace behaviour, despite the employer having a valid reason for the dismissal and following a fair procedure. Allens’ Law Graduate David Hunt and Partner Simon Dewberry report.
The Federal Court of Australia has affirmed that employers can be liable for misleading or deceptive representations made to prospective employees during negotiations over their terms and conditions of employment. Allens’ Tristan Garcia and Rebecca Kok report.