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Searching Content indexed under Contract of Employment by Swaab ordered by Published Date Descending.
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1
The current state of play in the Israel Folau case
The Folau case has been a very public debate about an employer's prerogative to regulate the private lives of employees.
Australia
30 Jun 2019
2
Change the rules – which ones? What busi­ness­es need to know about Labor employ­ment policy
This article examines Labor employment policies and provides insight as to how Australian businesses may be impacted.
Australia
16 May 2019
3
A review of women at work in 2018
Women at work will clearly remain at the centre of continued public discourse as well as public policy and legal reform.
Australia
27 Dec 2018
4
Competing considerations: An employee and her hobby business
Employ­ers are enti­tled to expect employ­ees to devote their ​"full time and atten­tion" in work hours to their duties.
Australia
16 Nov 2018
5
Restraints of trade and customer connections
This restraint of trade provision used in a Qld contract was deemed to be unenforceable on grounds of unreasonableness.
Australia
8 Sep 2018
6
Casual employment: The new rules of engagement
Many casual employees are miscategorised and therefore may have valid claims for entitlements associated with permanency.
Australia
26 Aug 2018
7
Dismissing senior employees - the pitfalls to avoid - Part 2
Examination of legal claims senior staff can bring on termination of employment and how employers can safeguard against them.
Australia
15 Aug 2018
8
Dismissing senior employees - the pitfalls to avoid - Part 1
This two part article provides some practical guidance on the termination of senior executives.
Australia
15 Aug 2018
9
Do you have to pay an employee when their own conduct prevented them from performing their job?
He could not return to work until his driver licence was reinstated, so there was no contractual entitlement to wages.
Australia
4 Aug 2018
10
Job titles and modern award coverage - what is in a name?
FWC takes a "substance over form" approach in considering job titles and their relevance for a particular modern award.
Australia
17 Apr 2018
11
Resignation from employment - can you withdraw it?
Employers should be careful about how they react to employees who submit a resignation "in the heat of the moment".
Australia
2 Apr 2018
12
Outer limits maximum term employment contracts the future after the Navitas decision
Employers cannot rely on outer limit or maximum term contracts as a means to avoid unfair dismissal claims.
Australia
14 Mar 2018
13
The top five mistakes employers make when terminating employment: No.1 - Giving inadequate notice
When dismissing a full-time or part-time employee, the Fair Work Act provides for a mandatory minimum period of notice.
Australia
23 Feb 2018
14
Quirks in modern awards #4: No overtime rates for casuals in the Horticulture Award 2010
There is no limit to the ordinary hours a casual employee can work and no overtime is payable in the Horticulture Award.
Australia
7 Dec 2017
15
Employment Law Myth No.7: There is no point having a restraint of trade in an employment contract
Courts will, and frequently do, prevent former employees from acting in breach of their contractual restraints.
Australia
20 Oct 2017
16
Employment Law Myth No.5: If they are not performing well, I can just extend their probation
Probationary periods are not concepts recognised by the unfair dismissal provisions in the Fair Work Act 2009.
Australia
5 Oct 2017
17
Employment Law Myth No. 4: If there is an ABN, it is an independent contractor
The approach courts would take is to look at the relationship as a whole to determine the contractor/employee conundrum.
Australia
28 Sep 2017
18
Employment Myth No.3: An oral contract is not worth the paper it is written on!
Oral contracts – verbal agreements as to how much an employee is paid, or his duties at work – can be binding at law.
Australia
25 Sep 2017
19
Do Outer Limits employment contracts have a future?
There should be cogent business reasons for the use of these contracts (other than to avoid unfair dismissal claims).
Australia
14 Sep 2017
20
Reasonable notice on termination of employment - has it a future?
This article looks at recent developments and the various and disparate approaches by courts and tribunals on the issue.
Australia
29 Mar 2017
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