Welcome to the October edition of The Informant - FCB's monthly publication designed to keep you informed of the latest developments affecting Legal and HR professionals.

In this month's edition we look at the top 10 workplace news items that most interested us in October, some recent Supreme Court authority on the enforceability of restraints of trade in employment contracts, the impending commencement of Australia's first paid parental leave scheme and a case determining precisely when dismissal occurs for the purposes of commencing a General Protections claim under the Fair Work Act.

I hope you enjoy this edition of The Informant and as always I welcome your feedback.

Campbell Fisher
Managing Partner & Solicitor Director

Top 10 Legal/HR issues for the month

A list of the top 10 workplace news highlights for the month of October.

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The Importance of Framing Restraints of Trade Appropriately

Two cases recently handed down by the Supreme Court of New South Wales and New South Wales Court of Appeal respectively have highlighted how drafting can be the champion or the undoing of a post-employment restraint of trade.

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Update: Commencement of the Paid Parental Leave Scheme

In Issue 4 of The New Workplace we introduced the Federal Government's 17 June passing of the Paid Parental Leave Bill 2010 into law. Now, as of 1 October 2010, the legislation has formally commenced operation, bringing into effect Australia's first obligatory paid parental leave (PPL) scheme.

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Timing it Right - When a General Protections Claim can be made

In the recent case of Bradley John Beasley v Australian National University t/a ANU [2010] FWA 7308, Deputy President Sams found an application for adverse action was jurisdictionally barred because the dismissal had yet to take place.

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