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Hairdresser's two-year restraint too long: Court

A court has found a low-paid casual hairdresser's two-year restraint on poaching clients "void and unenforceable" because it is "significantly longer" than necessary to protect her former employer's legitimate business interests, taking into account the absence of compensation for the non-compete clause and the nature of client relationships.

FWC rounds on employer's "unconscionable" conduct

The FWC has rejected an employer's claim that a company secretary's "time limited" contract merely expired, finding it gave her no choice but to give up her permanent role by making an offer "infected with misrepresentation, misleading conduct and duress".

HR data beats "gut instinct": Leigh

Businesses should consider running randomised trials to inform evidence-based policymaking in the workplace and improve productivity, Assistant employment minister Andrew Leigh has told a HR leadership conference in Sydney.

Aldi clause circumvents same-job, same-pay rules: SDA

The SDA is urging the FWC to rule that labour hire clauses in a proposed Aldi agreement are invalid because they circumvent the same-job, same-pay provisions recently introduced into the Fair Work Act.


"Myth" believers have higher propensity to harass: Report

Workers who subscribe to common "s-xual harassment myths" are 16 times more likely than others to use digital communications to s-xually harass their colleagues, according to a new paper that also suggests that employers had been poorly prepared for related issues arising from the pandemic-driven shift to working from home.

Member set bar "too high" for suppression orders: Bench

In a significant decision on principles of open justice, gas giant Santos has won confidentiality orders on its second attempt as it defends its sacking of a former outlaw motorcycle gang member accused of s-xually harassing a 22-year-old apprentice.

Weekend voicemail sacking "discourteous": FWC

A truck driver sacked without notice via a Saturday afternoon voicemail following the sale of his employer's business has won compensation, including a payment to cover the cost of "upskilling" his licence.

HR team "should have known better": FWC bench

A FWC full bench has slammed a public health provider's HR team for its "inappropriate" response to queries about late payment of 'nauseous work' and education allowances for an estimated 220 employees, concluding that the delay amounted to an underpayment capable of attracting a penalty.

Compensation for worker sacked after big night out

An employer had insufficient evidence to support its sacking of a manager who consumed up to 15 standard drinks the day and evening before his 7am start, the FWC has ruled.