Holding Redlich points out learnings from the recent DP World Sydney Limited v Guy  NSWSC 1072 (1 August 2016) decision; “Consider whether your contracts have garden leave provisions… It is much easier to enforce a garden leave provision than a post-employment restraint of trade provision.”
In the case example of Kool v Adecco Industrial Pty Ltd  FWC 925 the Applicant claimed she has been unfairly dismissed by labour hire firm Adecco when it told her she could no longer work at Adecco’s client, Nestle. Read here what emerged from this case and what we can learn about casual employment and unfair dismissal claims.
“The bullying conduct included the manager speaking to the employee with a stern tone and pointing her finger at the employee, as well as… saying to the employee ‘I’ve never met anybody so stupid as you’,” writes Tiffany Campbell of Holding Redlich.
“You need to ensure you have the right to put an employee on gardening leave,” writes Charles Power of Holding Redlich. “If you don’t have that right and act as if you do, the employee could treat him or herself as being constructively dismissed.” Learn more about this issue here.