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Tag Archives: Employment Contract

Six month restraint on financial adviser

The District Court of Queensland has granted an injunction to an employer restraining a financial adviser from soliciting or providing professional services to any clients of his former employer for a period of up to 6 months. The employee managed 60 portfolios for the employer before his departure. In the time between the employee’s departure…

Incorporating policies into employment contract costs employer $3 million

An employer’s unwitting error in incorporating its policies, including a redundancy policy, into a Chief Executive’s employment contract resulted in a significant financial windfall for the redundant Chief Executive. Interestingly, the ‘Global Markets Head’ of the same business tried to establish a similar claim; however it was found that he was not made redundant, but…

Financial Controller awarded over $1 million following termination

A Financial Controller for a global shipping company has had her total termination payment increased from approximately $50,000 to over $1 million dollars following a decision by the New South Wales Supreme Court. In Ma v Expeditors International Pty Ltd, the Financial Controller commenced legal proceedings against her former employer claiming she was entitled to…

Why Employment Contracts are essential

In a decision that demonstrates why all employers should have written employment contracts in place, the Federal Circuit Court has awarded six months’ salary to a General Manger who was terminated after just 13 months service with his employer. In the case of Miller v Sunland Park Pty Ltd & Hutchens, the Court heard that…

High Bar to frustrate an employment contract

A recent case before the Fair Work Commission has highlighted the difficulties associated with establishing that an employment contract has been frustrated resulting in the termination of the employment relationship. Facts The employee had worked as a Teacher and then Religious Education Coordinator in secondary schools for the Catholic Education Office for over 35 years.…