Did anyone else read, with a great sigh of relief, the news in
The Guardian about the Motley Crue band members signing a pact
that means there can be no comeback tours after they play in 72 US
cities in 2014 during their "Final Tour"? At least one
band understands that "final" should actually mean
It got us thinking about many other scenarios in which society
could benefit from a "no more comebacks" arrangement.
There'd be a few politicians and the odd ageing sportsman in
too-tight short shorts who could be asked to put pen to paper. A
well-executed contract could also ensure those tabloid on-again,
off-again romances could be just, well, off.
While Motley Crue's move might seem novel, it's not too
dissimilar to a practice in the Australian Public Service when an
employee voluntarily retires or they are retrenched, taking with
them a separation or departure package. In these circumstances, one
of the conditions of payment is that the employee agrees they will
not seek re-employment or other paid service from a public sector
employer for at least three years from their separation date.
It doesn't make sense to do this in the private sector, but
it would be great to see an inverse restraint clause challenged
under the common law doctrine of restraint of trade, just to hear
the arguments about why Joe Alumni couldn't
"reasonably" apply for a job at his old company: "we
need to protect our client relationships"; "we need to
protect staff sanity"; or "we need to protect the
viability of this business".
In reality excellent record keeping, open and effective internal
communication and robust recruitment practices solve this issue for
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Long experience representing many of Australia's leading employers has taught us that in employment litigation the identity of an employee's representative is a major factor in how employee litigation runs.
Australian employees receive certain entitlements (such as annual leave and superannuation) where contractors do not.
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