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Searching Content indexed under Contract of Employment by David Cross ordered by Published Date Descending.
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Absence of work-wages bargain crucial for Fair Work Commission to conclude that an Uber driver was not an employee
The case increases tensions between the gig economy and traditional indicia used to determine an employment relationship.
Australia
17 Feb 2018
2
Enterprise update: Restraints of trade – the Informax v Clarius case
In Informax International Pty Limited v Clarius Group Limited [2011] FCA 183 (4 March 2011) (the Informax Case), the Federal Court of Australia (FCA) handed down a judgment that has the potential to expand the scope of interests upon which an employer or principal may rely in seeking to enforce a contractual restraint of trade.
Australia
29 Mar 2011
3
Careless drafting costs money
A recent decision of the Federal Magistrates Court illustrates how simple drafting failures, in the context of an industrial agreement, can lead to significant commercial and financial consequences.
Australia
23 Dec 2009
4
Enforcement Of Non-Competition Obligations
On 21 August 2008, the Supreme Court of New South Wales handed down a decision in Tullett Prebon (Australia) Pty Limited v Simon Purcell [2008] NSW SC852, which addressed the enforcement of non-competition obligations during the term of an employment contract, in circumstances where the employee was on "garden leave."
Australia
31 Oct 2008
5
Independent Contractors Act - Unfair Contracts Remedy
On 22 August 2008, the Federal Magistrates Court issued judgment in the first case to deal with the "unfair contracts" remedy contained in the Independent Contractors Act 1996> (Cth) (the Act).
Australia
31 Oct 2008
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