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Category Archives: Employment Law

Employment Update – January 2018 – Employer’s Beware: Recent changes to Awards starting 1 January 2018 plus changes to Miscellaneous Award interpretation

Changes to various awards From 1 January 2018, a number of changes to casual and part-time entitlements in a number of modern awards have taken effect. Employers who have employees covered by the following awards should review the changes to the awards against their current arrangements: Fast Food Industry Award 2010 General Retail Industry Award…

Court punishes employer for failing to apply casual conversion clause properly

The Federal Court of Australia has fined an employer who refused a employee the opportunity to convert his casual employment to equivalent full-time employment. The employee was a freight handler with a major transport company.  The employee had a right to elect to convert from casual employment to equivalent permanent employment under the both the…

Court enforces IT employee’s 4 year restraint of trade

The Supreme Court of Victoria has granted an injunction to an IT company (‘the Applicant’) that commenced an interlocutory application to have an employee (‘the Employee’) restrained from working for a competitor for four years. Prior to June 2016, the Employee had a company which owned 40% of the shares in the Applicant’s company.  The…

Employment Update – July 2017 – Real Estate Agency awaits compensation order after dismissing an employee because she was pregnant.

A real estate agency in Victoria will wait until a further hearing in October to find out Judge Riley’s decision as to compensation, after it unsuccessfully defended proceedings in the Federal Circuit Court brought by a former administrative assistant (‘Applicant’).  The Applicant alleged that she had been terminated by the real estate agency due to…