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Tag Archives: Contract of Employment

HR Manager’s conduct results in summary dismissal

This is an interesting and instructive decision of the Fair Work Commission. In this matter the Commission has upheld the summary dismissal of a HR Manager, otherwise highly regarded by the Employer, following an interesting series of events in the workplace. Background The HR Manager (‘Applicant’), who also held additional roles in the business, had…

High Court Rules: No implied term of mutual trust and confidence

The High Court of Australia has overturned the Full Court of the Federal Court of Australia find that there is no implied duty of trust and confidence in Australian employment contracts. A recap on the facts Mr Barker had been employed with CBA for approximately 28 years.  During this time he had risen to the…

Urgent action required to enforce restraint

In a NSW Supreme Court decision, Fairfax applied for an injunction to restrain a former employee from working for Yahoo!7. The employee commenced with Fairfax in 2009. In October 2011, he was promoted and subsequently signed another contract with Fairfax.  The contract contained a restraint clause that restrained the employee from working for a competitor…