The WA Supreme Court has tested how an employment agreement stacks up under US state law before granting an American company an interlocutory injunction restraining a former Australian employee from working for his new Perth employer.
A court has found an employer underpaid a worker by more than $230,000 because it "recklessly disguised the true legal nature" of a 20-year-plus employment relationship by classifying him as an independent contractor.
Seven West Media is today seeking to permanently gag former executive assistant Amber Harrison, arguing that by disclosing company information and discussing her affair with chief executive Tim Worner she is breaching not only a settlement deed but continuing obligations under her contract of employment.
The FWC has found a roof tiler is an employee who can make an unfair dismissal claim, ruling his employer created an independent contracting "façade" to suit its own purposes and avoid paying his entitlements.
Leading employment law practitioners have predicted it is only a matter of time before Australia sees a test case similar to UK's recent landmark Uber decision which found drivers were employees, not contractors.
Restraint of trade clauses preventing a chief financial officer from jumping ship and working at a rival fashion retailer were broader than what was reasonable to protect the employer's legitimate interests, a court has found.