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At
Work - April 2012
Monday, 2 April 2012
1. Protecting
Trade Secrets – Tips for a More Effective Restraint of Trade
Two recent cases, HRX
Holdings Pty Ltd v Pearson and Wallis Nominees (Computing) Pty Ltd v Pickett,
demonstrate the importance of including a well-constructed 'restraint of
trade' clause within employment contracts. This article offers some tips
to assist employers in understanding the benefit of retaining such a
clause.
To read the article, click
here.
2. A Practical
Checklist for Union Right of Entry
Since the introduction of right of entry provisions under the Fair Work Act 2009
(Cth), Fair Work Australia's approach has been consistent in looking
favourably upon parties who communicate clearly and exercise their rights
swiftly in right of entry disputes. This article provides a practical
checklist for employers that are approached by a union official wishing
to exercise their statutory right to enter the workplace.
To read the article, click
here.
3. Franchisors
and Self-Audits
The Fair Work Ombudsman has found that some Franchisees have been
underpaying employees because the Franchisor's enterprise agreement
provides for pay rates less than the applicable modern award. Such
instances can potentially cause embarrassment and liabilities for the
Franchisor in question. Franchisors can take steps like those detailed in
the following article - such as self-auditing, to ensure their
Franchisees meet statutory obligations.
To read the article, click
here.
4. A fatal
slip and fall case: what would happen now?
The Federal Court recently imposed a pecuniary penalty of $170,500
against an employer that breached the Commonwealth Occupational Health and
Safety Act 1991. This article briefly examines the decision
of Comcare v
Transpacific Industries Pty Ltd and how the result might have
differed under the model Work
Health and Safety Act 2011.
To read the article, click
here.
5. Case Note: Patrick Stevedores Holdings
Pty Limited v The Director of Public Prosecutions & Anor
In a recent decision of the Victorian Supreme Court, it was held that the
Victorian DPP was required to afford Patrick Stevedores with 'procedural
fairness' in terms of determining whether to grant the Victorian OHS
regulator an extension of time for the bringing of an OHS prosecution.
This case note provides a useful summary of the rights of organisations
that may be subject to potential prosecution.
To read the article, click
here.
6. 'Reasonable
Administrative Action' Exclusion: Access to compensation expanded
The Federal Court's decision in Commonwealth
Bank of Australia v Reeve has potentially opened the door to
compensation claims by Commonwealth employees who suffer psychological
injury due to management decisions. This article clarifies how
'reasonable administrative action' by an employer may affect workers'
compensation liabilities.
To read the article, click
here.
Important
disclaimer: The material contained in this publication is
of a general nature only and is based on the law as at 30 March
2012. It is not, nor is intended to be, legal advice. If you wish to take
any action based on the content of this publication we recommend that you
seek professional advice.
For further information please contact:
For information on our Workplace Relations & Safety Group click
here.
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