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101 articles are classified in All Articles > Legal > Common law


Tribunal reinstates ATO's "square peg in a round hole"

The FWC has ordered the ATO to reinstate a senior officer dismissed for being a "square peg" that wouldn't fit into a round hole after he was unable to perform the duties of a new role.

Company wins former employees' first-year profits

Two managers must pay their former employer almost $50,000 in profits earned from a joint venture they established before moving to a competitor, after a Federal Court ruling.

Drunk GM's $300,000 damages payout slashed

The general manager of a leading insurance brokerage sacked for his drunken conduct has had his $300,000 wrongful termination damages payout discounted by 70%, after the NSW Supreme Court of Appeal upheld the employer's appeal.

Bank managers "got what they bargained for": Court

A full Federal Court has rebuffed a group of St George Bank managers who claimed the employer engaged in misleading and deceptive conduct when it retrenched them after promising they would receive retention bonuses if they stayed in their jobs during a merger with Westpac.

Court orders six-month restraint for financial advisor

A court has stopped a financial advisor from soliciting or providing services to his former employer's clients for up to six months until it rules on his alleged breach of restraint of trade provisions in his employment contract.

Not bankable: Appeal court slashes chief executive's $3m payout

An appeal court has reduced the $3m severance and bonus payout awarded to an investment bank chief executive dislodged after a global takeover, while it has granted the bank's head of global markets an exit payment of almost $400,000.


ANZ to pay $100,000-plus after "flawed" misconduct probe

An ANZ state director sacked for allegedly altering a confidential internal email and forwarding it to a journalist has today been awarded more than $100,000 for wrongful dismissal by the NSW Court of Appeal.

Nine-month restraint on broker after "flagrant" breach

A broker earning an average of $400,000 a year, who resigned to take up a more lucrative offer with a competitor, has been restrained for nine months by the NSW Supreme Court for a "flagrant" breach of his employment contract.

Visa worker in "unusual" and "exploitative" arrangement unfairly sacked: FWC

The FWC has found even the "most basic" of HR advice would have avoided the "error laden and unfair" dismissal of a 457 visa holder employed under an exploitative arrangement in which she worked as a motel senior manager on the proviso that her partner toiled for free.