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Feature Articles
Pending criminal proceedings signal the need to apply for a stay of parallel civil action but obtaining a stay can present difficulties.
By Rod Saunders
termination
In light of the minimum notice entitlements under the Fair Work Act, will the common law continue to recognise the implied term of reasonable notice in employment contracts?
By Joel Zyngier
bullying
Workplace bullying continues to attract headlines and presents a range of challenges for practitioners who act for its victims.
By Josh Bornstein
restraint of trade
In contrast to their NSW counterparts, Victorian courts have been reluctant to take on the role of the draftsperson and construct enforceable restraint of trade clauses from unreasonable terms.
By Catherine Symons
collective bargaining
Despite initial legislative hurdles and some creative opposition from employers, majority support determinations are moving workplace agreements away from individual negotiation towards collective bargaining.
By Timothy Wetherell
employment contracts
Judicial decision on whether an employee’s misconduct is serious enough to justify summary dismissal may rely on the terms used in drafting the employment contract.
By Sam Eichenbaum and Michelle Dawson